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 New Jersey, the handling of a tenant's abandoned property is governed by the New Jersey Abandoned Property Act (N.J.S.A. 2A:18-72 et seq.). According to this act, a landlord must provide the tenant with written notice, sent to the tenant's last known address, informing them of the abandoned property and the landlord's intention to dispose of it after 33 days if it is not claimed. The notice must describe the property in a manner reasonably adequate to permit the owner of the property to identify it, state the location where the tenant can claim the property, and state that reasonable storage and other costs may be charged before the property is returned. If the tenant does not claim the property within the 33-day period, the landlord may sell the items at a public or private sale or dispose of them in any manner. If the property is sold, the landlord may apply the proceeds to any amount owed by the tenant, including unpaid rent, repair costs, and storage fees, with any remaining balance, if any, to be paid to the tenant. If the tenant cannot be found, any remaining proceeds must be turned over to the State after two years. Lease agreements may also include specific provisions regarding abandoned property, but they must be consistent with state law.