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 Virginia, the handling of a tenant's abandoned property is governed by the Virginia Residential Landlord and Tenant Act. When a tenant vacates the premises and leaves personal property behind, the landlord must give notice to the tenant regarding the abandoned property. The landlord is required to store the tenant's property for a period of 10 days after notice is given if the property is valued at less than $1,000, and 24 hours if the property is valued at $1,000 or more. If the tenant does not claim the property within this time frame, the landlord may sell the items, dispose of them, or donate them to charity. If the property is sold, the landlord may apply the proceeds to any unpaid rent or other charges, returning any surplus to the tenant. If the tenant owes money to the landlord, the landlord may have a lien on the abandoned property. Lease agreements may also include specific provisions regarding abandoned property, but these provisions must comply with Virginia state law.