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 Washington State, the Residential Landlord-Tenant Act (RCW 59.18) outlines the procedures landlords must follow when a tenant abandons personal property. If a tenant leaves behind personal items, the landlord is required to send a notice to the tenant's last known address, detailing how to reclaim the property and the time frame in which to do so. The tenant has 5 days to respond if the notice was personally delivered, or 8 days if the notice was mailed, to claim the property. If the property is valued at less than $250, the landlord may dispose of it after the notice period expires. For property valued over $250, the landlord must store it for at least 45 days and can then sell the items at a public sale, provided proper notice was given. If the tenant owes unpaid rent or there are damages exceeding the security deposit, the landlord may apply the proceeds from the sale towards these debts. Any remaining funds must be held for the tenant for up to one year. Lease agreements may also include specific provisions regarding abandoned property, but they cannot contravene state law.