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 period | Sources | |||
|---|---|---|---|---|
| ALAlabama | No notice step in the statute | 14 days after termination | Landlord may dispose of it without obligationAfter 14 days the landlord has no duty to store or protect the property. | |
| AKAlaska | Yes, written notice to remove | At least 15 days after notice | Public 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. | |
| AZArizona | Yes, mailed and posted notice | 14 calendar days after retaking the unit | Donate to charity or sellSale proceeds go to rent and costs, with any excess mailed to the tenant. Very low value items may be destroyed. | |
| ARArkansas | No notice step in the statute | No holding period | Dispose of it as the landlord sees fitThe statute says this is without recourse by the tenant. | |
| CACalifornia | Yes, written notice | 15 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. | |
| COColorado | Yes under the lien route; not after eviction | 30 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. | |
| CTConnecticut | Yes, under the abandonment procedure | At least 30 days | Dispose 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. | |
| DEDelaware | Yes, through the writ of possession | 7 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 Columbia | Yes, 21 days before eviction | 7 days, excluding Sundays and holidays | Deemed abandoned and disposed ofAbandoned property may not be left in outdoor space other than a licensed disposal facility or lawful disposal receptacle. | |
| FLFlorida | Yes, written notice | 10 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. | |
| GAGeorgia | No separate notice step | No holding period after the writ | Regarded as abandoned; no duty to storeThe landlord is not a bailee and owes the tenant no duty for the property. | |
| HIHawaii | Yes, mailed notice | 15 days after notice is mailed | Sell 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. | |
| IDIdaho | No separate notice step | 72 hours (3 days) after judgment | Remove and dispose of itDisposal is subject to any security interests in the property. | |
| INIndiana | Yes, served with the removal order | 45 days after notice | Storage facility may sell itThe facility must release exempt property to the owner on demand without requiring payment at that time. | |
| KSKansas | Yes, published and mailed notice | 30 days after taking possession | Sell or otherwise dispose of itProceeds pay expenses, then rent owed; the landlord may keep any balance. | |
| LALouisiana | Not listed | Not listed | Officer 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. | |
| MEMaine | Yes, mailed notice with itemized list | 7 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. | |
| MDMaryland | Yes, 6 days before eviction | Not listed | No statewide rule; local laws varyThe required notice itself states that local laws and practices on disposal of belongings upon eviction vary. | |
| MAMassachusetts | Yes, officer's 48 hour written notice | 6 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. | |
| MIMichigan | Not listed | Not listed | Officer 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. | |
| MNMinnesota | Yes, 14 days before a sale | 28 days | Sell or otherwise dispose of itLandlord may apply proceeds to removal, storage and allowed claims; any remaining proceeds go to the tenant on written demand. | |
| MSMississippi | No further notice after eviction | 72 hours (3 days) after removal | Move to curb or garbage area, no duty to keepThe tenant may still retrieve the items, but the landlord has no obligation to preserve them. | |
| MOMissouri | Yes, posted and mailed notice | 10 days after notice | Remove or dispose of without liability | |
| MTMontana | Yes, except after court-ordered termination | At least 10 days after mailed notice | Sell, 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. | |
| NENebraska | Yes, written notice | 7 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. | |
| NVNevada | Yes, written notice 14 days before disposal | 30 days | Dispose of it and recover reasonable costsVehicles must be handled under the abandoned vehicle law (NRS chapter 487). | |
| NHNew Hampshire | No, except abandonment notice in some cases | 7 days | Dispose of it without notice | |
| NJNew Jersey | Yes, mailed written notice | 30 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 Mexico | Yes after abandonment; not after surrender or writ | 30 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 Carolina | Only before a sale | 7 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 Dakota | No notice step in the statute | 28 days | Keep 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. | |
| OKOklahoma | Yes, by certified mail | 30 days | Dispose 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. | |
| OROregon | Yes, delivered in person or by first class mail | 5 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. | |
| PAPennsylvania | Yes, by first class mail | 10 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 Carolina | No (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 Dakota | No notice step in the statute | 30 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. | |
| TNTennessee | Yes, when abandonment is based on 15 days unpaid rent | 30 days | Sell 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. | |
| TXTexas | Only before a lien sale | No set period; 30 days' notice before a lien sale | Only 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. | |
| UTUtah | Yes, posted and sent by first class mail | 15 calendar days | Sell 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. | |
| VTVermont | Yes, mailed to last known address | 60 days | Unclaimed property becomes the landlord'sTo reclaim, the tenant gives a written description and pays reasonable storage costs within 60 days. | |
| VAVirginia | Yes, written notice | 24 hours to 10 days plus 24 hours, by notice type | Dispose 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. | |
| WAWashington | Yes, reasonable efforts by mail | 45 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 Virginia | Yes, posted and mailed | 30 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. | |
| WIWisconsin | No, if the lease-signing notice was given | No 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. | |
| WYWyoming | Yes, for valuable property | 7 days | Keep 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.
Tenant Abandoned Property Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Indiana
- Kansas
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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.