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 Minnesota, the handling of a tenant's abandoned property is governed by Minnesota Statutes Section 504B.271. When a tenant abandons personal property in a rental unit, the landlord must store the property for a period of time and make reasonable efforts to notify the tenant. The landlord is required to hold onto the abandoned property for 28 days after the tenant has vacated, during which time the tenant may reclaim their property. If the tenant does not reclaim the property within this time frame, the landlord may sell, dispose of, or donate the items. If the property is sold, the landlord can apply the proceeds to any outstanding rent, damages, storage costs, and sale expenses, with any remaining funds held for the tenant for six months. If the tenant does not claim these funds within that period, the landlord must turn the money over to the state as unclaimed property. Lease agreements may also include specific provisions regarding abandoned property, but they must be consistent with state law. It's important for both landlords and tenants to understand these regulations to ensure compliance and protect their rights.