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 Nevada, when a tenant abandons personal property after vacating leased premises, the landlord is required to handle the property according to specific state statutes. Nevada Revised Statutes (NRS) 118A.460 outlines the procedure a landlord must follow. The landlord must provide the tenant with a notice of abandoned property, which includes a description of the property, the location where the tenant can claim it, and a statement that reasonable storage costs will be charged to the tenant. The tenant has 14 days after the notice is mailed to claim the property. If the property is not claimed within this period, the landlord may dispose of it. If the property is worth more than $700, the landlord must sell it at public auction after publishing a notice of the sale in a newspaper. The proceeds from the sale, minus any costs of storage and sale, may be applied to any outstanding rent or other costs owed by the tenant. Any remaining proceeds must be turned over to the county treasurer. Lease agreements may include provisions regarding abandoned property, but they must be consistent with state law. Additionally, if the tenant owes unpaid rent or has caused damage exceeding the security deposit, the landlord may have a lien on the abandoned property.