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 York, when a tenant vacates a leased property and leaves personal belongings behind, the landlord is required to handle the abandoned property according to the New York Real Property Law, Section 232-C for non-residential properties and Section 238 for residential properties. The landlord must notify the tenant of the abandoned property and provide a reasonable time for the tenant to claim it. The notice period is typically 30 days. If the tenant does not claim the property within the time frame specified in the notice, the landlord may then dispose of the items. If the abandoned property has value, 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 there is a surplus, it must be turned over to the state as abandoned property. Lease agreements may also include specific provisions regarding the handling of abandoned property, but these provisions must comply with state law. It's important for landlords to follow these legal requirements to avoid potential liability for improperly disposing of a tenant's property.