It’s crucial to know that personal belongings left on someone’s property do not automatically become abandoned property. Communication and written agreements are key to determining the status of these belongings.
How long can personal belongings be left at your house before they're considered legally abandoned?
- 30-Day Rule Misconception: Having someone’s items at your house for over 30 days doesn’t make them yours or consider them abandoned. You must contact the owner and request pickup, following up with a written notice if necessary.
- Local Laws Govern: The timeframe for when property is considered abandoned varies widely by jurisdiction, from 30 days to several months. Always consult local regulations or legal advice for specifics.
- Disposal of Abandoned Property: If the property is deemed abandoned, options for disposal include auction, donation, or removal to storage, depending on local laws and the items’ value. You must adhere to the laws of your jurisdiction when disposing of abandoned property.
- Written Notice: You should contact the person who left the belongings on your property and inform them that they must remove them as soon as possible. Use a written notice where possible.
Abandoned Property Laws
Abandoned property legally includes any possessions to which the owner has deliberately relinquished all rights. If the property is left on premises owned by another individual, that person or entity may need to take responsibility for managing or disposing of the property.
However, different jurisdictions define abandoned property individually, and what you can do with abandoned property — and when you can take action — may depend on where you are located.
State Abandoned Property Laws
Abandoned property often occurs after a tenant is given an eviction notice or notice to vacate and leaves property behind when they move out.
| State | Statute(s) | Time a Landlord Must Store Property | Other Requirements |
|---|---|---|---|
| Alabama | Ala. Code § 35-9A-423 | If the tenant leaves the property more than 14 days after the termination of the lease agreement, the landlord has no obligation to store the property | N/A |
| Alaska | Alaska Stat. § 34-03-260 | 15 days after delivering notice to the tenant | If the landlord determines that the cost to store the property is more than its value, the landlord can destroy or dispose of the property after the notice period. |
| Arizona | Ariz. Rev. Stat. § 33-1314, 33-1370 | 14 days | The landlord is not required to store perishable property, plants, or animals. If the landlord sells the tenant's property after the 14-day holding period, the landlord should put the proceeds toward the tenant's outstanding rent. Any excess should be mailed to the tenant. |
| Arkansas | Ark. Code § 18-16-108 | None | Landlords can immediately dispose of property left behind after the termination of a lease agreement. |
| California | Cal. Civ. Code §§ 1965, 1980 to 1991 | 15 days; 18 with written notice | N/A |
What To Do When a Tenant Leaves Belongings Behind
As a landlord, it can feel frustrating when a tenant leaves belongings behind. Ensure you are protected and respecting your tenant’s rights by following these steps.
Step 1 – Look up Your State’s Laws
When a tenant abandons property, what you can do with it and when you can dispose of it may vary by state. Look up your state’s laws and ensure you are familiar with them. Start by understanding the type of notice you must provide when evicting a tenant, including:
In some states, the reason for evicting the tenant can determine how long they have to leave the premises and collect their property. For example, evicting a tenant for non-compliance with the rental agreement or late rent may take longer than for illegal activity. However, you should carefully evaluate your state and jurisdiction’s specific laws any time you want to terminate a lease early or end a month-to-month lease. Then, make sure you’re familiar with what you need to do with property that the tenant leaves behind.
Step 2 – Provide Notice
Notify the tenant of your intent to remove the property from the premises. In some cases, this may be included with the eviction notice. Document all communications with the tenant, including any notice you have provided related to the property or your intent to dispose of it. If the tenant notifies you that they no longer want any remaining property, you should also keep a copy of that documentation.
Step 3 – Inventory Property
If you live in a state that requires you to store the tenant’s possessions, create a list that shows all items removed from the property.
Step 4 – Collect and Remove Property
Remove the property in accordance with the law in your state. Store it if necessary. Notify the tenant about the storage location if required.
Step 5 – Dispose of Property
Once the storage period has expired, dispose of the property in accordance with your state’s laws. If you sell the property, document any funds made from those sales and notify the tenant if necessary. Note that some states may require you to keep funds in excess of overdue rent in trust for the tenant for a period of time.
Frequently Asked Questions
If Someone Leaves Their Personal Property in Your Home for More Than 30 Days, Is It Then Considered Yours?
An individual’s personal property is not necessarily considered abandoned after 30 days. Furthermore, abandonment does not necessarily mean that the property is yours. Consult your state’s laws to learn more about when property is considered abandoned and what you need to do with it.
When Is Personal Property Considered Abandoned?
The timeline for abandoned property may depend on your state and the type of property abandoned. Consult your state’s laws to better understand when property is considered abandoned and what you should do with it, including how long you have to store it.
What Is the Difference Between Lost vs. Mislaid Property?
Lost property is property that the owner did not intend to put aside. In the case of lost property, the owner no longer knows where the property is. On the other hand, Mislaid property is property that the owner left in a specific location, but they do not remember what that location is.
