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 Oregon, when a tenant abandons personal property after moving out, the landlord is required to store the property for a specified period and provide notice to the tenant. According to Oregon Revised Statutes ORS 90.425, if the total value of the property is less than $1,000, the landlord may dispose of it after a 7-day notice period. If the value is $1,000 or more, the landlord must store the property for at least 30 days and provide notice to the tenant. The notice must be written and describe the abandoned property, the amount of unpaid rent, and where the property can be claimed. The landlord must also publish the notice if the tenant's location is unknown. If the tenant does not claim the property within the notice period, the landlord may sell the items and apply the proceeds to any outstanding rent, damages, storage costs, and sale costs, with any surplus held for the tenant for an additional year. If the tenant owes unpaid rent or has caused damage, the landlord may have a lien on the abandoned property. Lease agreements in Oregon may also include terms regarding the handling of abandoned property, but they must comply with state law.