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Tenant Abandoned Property Laws by State

When a tenant moves out, is evicted or simply disappears, belongings are often left behind in the unit. Furniture, clothing, documents and vehicles still belong to the tenant, even after the tenancy ends. Many states have a statute that tells the landlord how to handle these items, and the rules differ on notice, timing and what happens to the property at the end.

44 states and DC compared. Last checked .

At a glance

Written notice required
34 of 43
States and DC where the answer is yes or yes in some cases.
Holding period: range
0 days to 60 days
Across the 38 jurisdictions with a single statewide figure.

Compare tenant abandoned property laws

This guide compares the rules state by state. For each state it shows whether written notice to the tenant is required, how long the landlord must keep the property before getting rid of it, and whether the items may be thrown away, kept, donated or must be sold. Every entry links to the statute it is based on, so you can read the exact wording.

45 of 45 shown

After the holding periodSources
ALAlabamaNo notice step in the statute14 days after terminationLandlord may dispose of it without obligationAfter 14 days the landlord has no duty to store or protect the property.
AKAlaskaYes, written notice to removeAt least 15 days after noticePublic sale, or dispose of low value itemsItems too cheap to justify storage and sale may be destroyed or disposed of; perishables may be disposed of in any manner.
AZArizonaYes, mailed and posted notice14 calendar days after retaking the unitDonate to charity or sellSale proceeds go to rent and costs, with any excess mailed to the tenant. Very low value items may be destroyed.
ARArkansasNo notice step in the statuteNo holding periodDispose of it as the landlord sees fitThe statute says this is without recourse by the tenant.
CACaliforniaYes, written notice15 days (18 if mailed)Public sale; keep or dispose if under $700Sale proceeds left after storage, advertising and sale costs go to the county treasury, where the owner can claim them within one year.
COColoradoYes under the lien route; not after eviction30 days without contact (lien route)Sell or dispose after 15 days' noticeAfter an eviction, a landlord who stores property may charge reasonable storage costs and may dispose of it under its lien rights.
CTConnecticutYes, under the abandonment procedureAt least 30 daysDispose of as the landlord deems appropriateAfter an eviction, a state marshal moves possessions to town storage; unclaimed items are sold at public auction after 15 days.
DEDelawareYes, through the writ of possession7 days (30 for a manufactured home)Dispose of without further noticeThe tenant must reimburse reasonable removal and storage costs to reclaim the property.
DCDistrict of ColumbiaYes, 21 days before eviction7 days, excluding Sundays and holidaysDeemed abandoned and disposed ofAbandoned property may not be left in outdoor space other than a licensed disposal facility or lawful disposal receptacle.
FLFloridaYes, written notice10 days (15 if mailed)Public sale; keep or dispose if under $500Money left after storage, advertising and sale costs is paid to the county, where it can be claimed within 1 year.
GAGeorgiaNo separate notice stepNo holding period after the writRegarded as abandoned; no duty to storeThe landlord is not a bailee and owes the tenant no duty for the property.
HIHawaiiYes, mailed notice15 days after notice is mailedSell after advertising, or donate to charitySale proceeds, after rent and costs, are held in trust for the tenant for 30 days and then forfeited to the landlord.
IDIdahoNo separate notice step72 hours (3 days) after judgmentRemove and dispose of itDisposal is subject to any security interests in the property.
INIndianaYes, served with the removal order45 days after noticeStorage facility may sell itThe facility must release exempt property to the owner on demand without requiring payment at that time.
KSKansasYes, published and mailed notice30 days after taking possessionSell or otherwise dispose of itProceeds pay expenses, then rent owed; the landlord may keep any balance.
LALouisianaNot listedNot listedOfficer clears premises on eviction warrantThe eviction articles do not set a holding period or say how the landlord must store, sell or dispose of the items.
MEMaineYes, mailed notice with itemized list7 days after notice (14 if tenant claims)Sell at fair price or dispose if no valueSale proceeds cover arrears, damages, storage and sale costs; any remaining balance goes to the Treasurer of State.
MDMarylandYes, 6 days before evictionNot listedNo statewide rule; local laws varyThe required notice itself states that local laws and practices on disposal of belongings upon eviction vary.
MAMassachusettsYes, officer's 48 hour written notice6 months (eviction, warehouse storage)Warehouser may auction after 6 monthsThe warehouser keeps lawful storage fees from the proceeds and must hold the balance for the owner.
MIMichiganNot listedNot listedOfficer puts property in public area or with sheriffApplies when a writ of restitution is executed after an eviction judgment; the officer decides whether property was abandoned.
MNMinnesotaYes, 14 days before a sale28 daysSell or otherwise dispose of itLandlord may apply proceeds to removal, storage and allowed claims; any remaining proceeds go to the tenant on written demand.
MSMississippiNo further notice after eviction72 hours (3 days) after removalMove to curb or garbage area, no duty to keepThe tenant may still retrieve the items, but the landlord has no obligation to preserve them.
MOMissouriYes, posted and mailed notice10 days after noticeRemove or dispose of without liability
MTMontanaYes, except after court-ordered terminationAt least 10 days after mailed noticeSell, or destroy if value is too lowSale costs and unpaid rent may be deducted; the rest goes to the tenant or, if not found, the county treasurer.
NENebraskaYes, written notice7 days (14 if mailed)Public sale; keep or dispose if under $2,000Net sale proceeds not claimed go to the State Treasurer as unclaimed property.
NVNevadaYes, written notice 14 days before disposal30 daysDispose of it and recover reasonable costsVehicles must be handled under the abandoned vehicle law (NRS chapter 487).
NHNew HampshireNo, except abandonment notice in some cases7 daysDispose of it without notice
NJNew JerseyYes, mailed written notice30 days after delivery (33 if mailed)Sell, or destroy if value is too lowThe landlord may sell items of value and dispose of the rest.
NMNew MexicoYes after abandonment; not after surrender or writ30 days (abandonment), 14 (surrender), 3 (writ)Dispose; sell or keep if worth over $100Property worth over $100 may be sold or kept at fair value credited to the tenant; surplus is mailed within 15 days.
NCNorth CarolinaOnly before a sale7 days after writ (5 if under $500)Dispose of or sell; surplus to tenant or countySale proceeds cover rent, damages, storage and sale costs; surplus goes to the tenant on request, then to the county.
NDNorth DakotaNo notice step in the statute28 daysKeep or dispose of it; landlord keeps sale proceedsApplies to property with a total estimated value of $2,500 or less. Storage and moving costs above the sale proceeds may be taken from the security deposit.
OKOklahomaYes, by certified mail30 daysDispose of it in any reasonable and proper mannerProperty must be stored with reasonable care. A tenant who removes it in time owes storage costs plus other costs accrued under the rental agreement.
OROregonYes, delivered in person or by first class mail5 days after hand delivery (8 if mailed)Sell it, or dispose of it if worth $1,000 or lessItems may be thrown away or given to a nonprofit or unrelated person if worth $1,000 or less or not worth the cost of storage and sale; the landlord may not keep them for personal use.
PAPennsylvaniaYes, by first class mail10 days (up to 30 if the tenant asks)Dispose of it at the landlord's discretionA landlord who violates the section faces treble damages, attorney fees and court costs.
SCSouth CarolinaNo (property worth $500 or less)No holding period (items worth $500 or less)Dispose of items worth $500 or less; others need court processIf property disposed of under this rule was worth more than $500, the landlord is liable only for gross negligence.
SDSouth DakotaNo notice step in the statute30 days (10 days if worth $500 or less)Treat it as abandoned and dispose of itThe landlord has a lien on stored property for handling and storage costs.
TNTennesseeYes, when abandonment is based on 15 days unpaid rent30 daysSell or dispose of it; apply proceeds to amounts owedProceeds go to unpaid rent, damages, storage, sale costs and attorney fees; any balance is held 6 months after the sale.
TXTexasOnly before a lien saleNo set period; 30 days' notice before a lien saleOnly as the written lease allowsSeized property may be sold only if a written lease authorizes it; proceeds go to rent and lease-authorized costs, and any surplus is mailed to the tenant within 30 days.
UTUtahYes, posted and sent by first class mail15 calendar daysSell at public sale or donate to charityProceeds go toward amounts the tenant owes; donation is allowed if commercially reasonable. Hazardous items, animals, garbage and perishables need not be stored.
VTVermontYes, mailed to last known address60 daysUnclaimed property becomes the landlord'sTo reclaim, the tenant gives a written description and pays reasonable storage costs within 60 days.
VAVirginiaYes, written notice24 hours to 10 days plus 24 hours, by notice typeDispose of it as the landlord sees fitAny sale proceeds are applied to amounts owed, including storage and sale costs; any remainder is treated as a security deposit.
WAWashingtonYes, reasonable efforts by mail45 days (7 days if worth $250 or less)Sell or dispose of it, apply income to amounts owedExcess sale income is held for the tenant for one year. Under the $250 rule, personal papers, family pictures and keepsakes may not be sold or disposed of early.
WVWest VirginiaYes, posted and mailed30 days (60 for active duty military)Unclaimed property becomes the landlord'sThe landlord may take, dispose of or remove it without liability once the notice period passes.
WIWisconsinNo, if the lease-signing notice was givenNo holding period (7 days for prescription medicine)Dispose of it in any appropriate mannerIf sold, proceeds minus sale and storage costs may be sent to the state Department of Administration. The tenant may redeem items before disposal by paying the landlord's costs.
WYWyomingYes, for valuable property7 daysKeep or dispose of itThe landlord may charge removal and storage costs, payable before the renter takes the property.

Illinois, Iowa, Kentucky, New York, Ohio and Rhode Island are not listed because we could not confirm the current rule from the statute text.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Before treating anything as abandoned, confirm that the tenancy has actually ended. Some statutes define when a unit counts as abandoned, and removing property while a tenant still has a right to possession can expose a landlord to claims for wrongful eviction or conversion.

Keep a written record. Photos or a video of the items, a dated inventory, a copy of any notice sent and proof of how it was delivered make it much easier to show that the required steps were followed if the former tenant later asks for the property or its value.

Store items safely and in a reasonable way during any holding period. Where a statute allows the landlord to charge reasonable moving and storage costs, or to keep sale proceeds to cover those costs, the rules on what may be charged and what happens to any surplus vary, so check the exact text for your state.

Frequently asked questions

Can a landlord throw away a tenant's belongings right after move-out?

It depends on the state. Some states require written notice and a waiting period before property can be disposed of, while others set fewer formal steps. Disposing of items too early can make a landlord liable for their value, so the state statute is the place to start.

Do the rules differ after an eviction?

They can. Some statutes treat property left after a court ordered eviction differently from property left after a voluntary move-out, for example with a shorter timeline or a role for the sheriff or marshal. Each state entry notes which situations its rule covers.

Who pays for moving and storing the left-behind property?

Many statutes let the landlord require payment of reasonable removal and storage costs before returning the items, or deduct those costs from sale proceeds. Whether costs can also be taken from a security deposit depends on the state and the lease.

What happens to money from selling abandoned property?

Where a sale is required or allowed, statutes typically let the landlord cover sale, storage and sometimes unpaid rent costs from the proceeds. Rules on any remaining surplus differ, and in some states it must be held for the tenant or paid to the state or county.

Written notice required: which states say yes?

Of the 43 jurisdictions we checked, the answer is yes in 27 jurisdictions, in some cases in 7, no in 9. Yes: Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, Oklahoma, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. In some cases: Colorado, Montana, New Hampshire, New Mexico, North Carolina, Tennessee and Texas.

Which states have the highest and lowest holding period?

Among the 38 jurisdictions with a single statewide figure, holding period ranges from 0 days (Arkansas, Georgia, South Carolina and Wisconsin) to 60 days (Vermont). The most common figure is 30 days (9 jurisdictions). Check each state's page for exceptions.