If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.
Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.
In Iowa, the regulation regarding a tenant's abandoned property is outlined in Iowa Code section 562A.32. When a tenant leaves personal property behind after moving out, the landlord must give notice to the tenant and store the property for a specific period before disposing of it. The landlord must send a notice to the tenant's last known address, detailing how and where to reclaim the property. If the property is not reclaimed within a certain time frame, which is typically 30 days, the landlord may dispose of the property. If the property has value, the landlord may sell it and apply any proceeds to the unpaid rent or damages, after deducting the costs of storage and sale. If the lease agreement includes specific provisions regarding abandoned property, those terms may also dictate the process. It's important to note that the landlord may have a lien on the abandoned property for unpaid rent or damages caused by the tenant. Landlords and tenants in Iowa should refer to the specific statutes and any applicable lease terms to understand their rights and obligations concerning abandoned property.