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 Missouri, when a tenant abandons personal property after moving out, the landlord must handle the items according to specific state statutes. Missouri law requires landlords to give tenants notice and a reasonable time to reclaim their property before the landlord can dispose of it. The Missouri Revised Statutes, specifically Section 441.065, outlines the process for dealing with a tenant's abandoned property. The landlord must send a notice to the tenant's last known address, informing them of the abandoned property and giving them 10 days to claim it. If the property is not claimed within this period, the landlord may sell the items and apply the proceeds to any outstanding 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 for landlords to follow these legal requirements to avoid liability for wrongful disposal of a tenant's belongings.