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 Kansas, the handling of a tenant's abandoned property is governed by the Kansas Residential Landlord and Tenant Act. When a tenant leaves personal property behind after moving out, the landlord must follow specific procedures. Kansas Statutes Annotated § 58-2565 states that the landlord must give the tenant notice and an opportunity to reclaim the property. The notice must be personally delivered or mailed to the last known address of the tenant, stating that the property is considered abandoned and that the tenant has a period of 30 days to arrange for its removal. If the tenant fails to respond within that time frame, the landlord may dispose of the property. If the property is sold, the landlord can apply any proceeds against the cost of removal, storage, and sale, as well as any outstanding rent or damages owed by the tenant. If there's a surplus, it must be held for the tenant for a period of one year. If not claimed within that year, it becomes the property of the landlord. Lease agreements may also include provisions regarding abandoned property, but they must be consistent with state law.