My tenant recently moved out, owing me a few months’ rent. He left behind a lot of his belongings, including a TV, bicycle, and sofa. Can I sell these abandoned items to cover the money the tenant owes me?
When a tenant who has moved out—whether voluntarily or by eviction—owes back rent (or money for damages), many landlords find it appealing to sell whatever property of value is left behind, without first trying to track down the tenant. This is a risky approach in many states—even if you have a court judgment for money damages (as a result of an eviction lawsuit):
You’ll need to read your own state statute on how you may dispose of a tenant’s abandoned belongings, including whether and how you must notify tenants before you may dispose of or sell it, any statutory deadline for tenants to reclaim property, and how you may use the proceeds of the sale of property. And for advice on doing legal research and understanding state law on abandoned property, see Nolo’s Laws and Legal Research section.
States might also regulate how landlords must store abandoned property and dispose of it when tenants don't claim their belongings. Sometimes state rules on abandoned property vary depending on the circumstances of the tenant's departure (for example, if a tenant moves out after giving proper notice versus someone who is evicted in a court proceeding).
For details, check your state's statute, listed below. You can find these statutes on the website maintained by the Cornell Legal Information Institute.
Alabama: Ala. Code § 35-9A-423
Alaska: Alaska Stat. § 34.03.260
Arizona: Ariz. Rev. Stat. §§ 33-1314, 33-1370
Arkansas: Ark. Code § 18-16-108
California: Cal. Civ. Code §§ 1965, 1980 to 1991
Colorado: Colo. Rev. Stat. §§ 38-20-116, 13-40-122
Connecticut: Conn. Gen. Stat. §§ 47a-11b, 47a-42
Delaware: Del. Code tit. 25, §§ 5507, 5715
D.C.: D.C. Code §§ 42-3210.01, 42-3505.01a
Florida: Fla. Stat. §§ 83.67; 715.104 to 715.111
Georgia: Ga. Code § 44-7-55
Hawaii: Haw. Rev. Stat. § 521-56
Idaho: Idaho Code § 6-316
Illinois: 735 Ill. Comp. Stat. § 5/9-318
Indiana: Ind. Code. §§ 32-31-4-1 to 32-31-4-5, 32-31-5-5
Iowa: Khan v. Heritage Prop. Mgmt., 584 N.W.2d 725, 730 (Iowa Ct. App. 1998)
Kansas: Kan. Stat. § 58-2565
Kentucky: No statute
Louisiana: La. Civ. Code § 2707, La. Civ. Proc. § 4705
Maine: Me. Rev. Stat. tit. 14, §§ 6005, 6013, 6025-A
Maryland: Md. Code Real Prop., § 8-208, 14-806
Massachusetts: Mass. Gen. Laws ch. 186, § 30; Mass. Gen. Laws ch. 239, § 4
Michigan: No statute
Minnesota: Minn. Stat. § 504B.271
Mississippi: Miss. Code §§ 89-7-31, 89-7-35, 89-8-13, 89-8-39
Missouri: Mo. Rev. Stat. § 441.065
Montana: Mont. Code § 70-24-430
Nebraska: Neb. Rev. Stat. §§ 69-2302 to 69-2314
Nevada: Nev. Rev. Stat. §§ 118A.450, 118A.460
New Hampshire: N.H. Rev. Stat. § 540-A:3(VII)
New Jersey: N.J. Stat. §§ 2A:18-72 to 2A:18-84
New Mexico: N.M. Stat. § 47-8-34.1
New York: No statute
North Carolina: N.C. Gen. Stat. §§ 42-25.9, 42-36.2
North Dakota: N.D. Cent. Code § 47-16-30.1
Ohio: Ringler v. Sias, 428 N.E.2d 869 (Ohio Ct. App. 1980)
Oklahoma: Okla. Stat. tit. 41, § 130
Oregon: Ore. Rev. Stat. §§ 90.425, 105.165
Pennsylvania: 68 Pa. Cons. Stat. § 250.505a
Rhode Island: R.I. Gen. Laws § 34-18-50
South Carolina: S.C. Code §§ 27-40-710(D), 27-40-730
South Dakota: S.D. Codified Laws §§ 43-32-25, 43-32-26
Tennessee: Tenn. Code § 66-28-405
Texas: Tex. Prop. Code § 92.014
Utah: Utah Code § 78B-6-816
Vermont: Vt. Stat. tit. 9, § 4462; Vt. Stat. tit. 12, § 4854a
Virginia: Va. Code §§ 55.1-1249, 55.1-1254 to 55.1-1256
Washington: Wash. Rev. Code §§ 59.18.310, 59.18.312, 59.18.595
West Virginia: W.Va. Code §§ 37-6-6, 55-3A-3
Wisconsin: Wis. Stat. § 704.05(5)
Wyoming: Wyo. Stat. § 1-21-1210
Updated: December 18, 2023
]]>When you’re planning to dispose of property left behind by a tenant -- whether by tossing it, selling it, or giving it away -- many states require landlords to give notice to the tenant. You may also have to follow very specific rules about handling the property after the notice period has expired.
The notice must typically give the tenant a set amount of time to reclaim the property, after which you can take specific steps. A few states provide a notice form, which you may find printed in the state statutes. California requires landlords to go further and provide specific information regarding abandoned property on a variety of termination forms (Cal. Civ. Code § 1946 and § 1946.1).
Some state rules require specific information in the notice. Even if your state’s laws aren’t specific, your notice should include the following information:
It’s a good idea to have an objective person (such as another tenant in the building or a neighbor) witness your inventory of the abandoned property to protect yourself against charges that you have taken or destroyed any of the tenant’s property. Don’t open locked trunks or suitcases; just list the unopened containers. You might consider taking a photo or video of the property.
Here, you’re asked to guess what you could get for it on Craigslist or at a well-attended flea market or garage sale.
Many states require you to provide the address of the rental premises or an outside storage place.
State law may dictate this time period.
State law may also set out these rules.
Mail your notice “return receipt requested” so that you will have proof that the tenant received it. The receipt will be useful if the ex-tenant shows up months later, looking for belongings left behind.
If the ex-tenant doesn’t contact you within the time specified in the notice, follow your state rules regarding what to do with property. In some states, landlords are pretty much free to do what they want if the tenant does not respond within the specified amount of time, such as 30 days -- that is, you may throw the property out, sell it, or donate it. You may also be able to use the abandoned property to satisfy unpaid rent or damages. Other states require you to give the property to the state.
Depending on how thoroughly your state has regulated this area, you may find rules on the following issues:
Several states allow landlords to keep or dispose of property only if the expense of storing or selling it exceeds a specified figure (such as a few hundred dollars) or the property’s value.
Some states require landlords to inventory, store, and sell tenants’ property. A few require landlords to sell the property at a public sale (supervised by a licensed and bonded public auctioneer) after first publishing a notice in the newspaper.
States that require you to store and sell the property on behalf of the tenant also allow you to use any money you make from the sale to cover the costs of advertising and holding the sale and storing the property. For example, you may be able to charge the tenant the prorated daily rental value for keeping the property on your premises or any out-of-pocket costs you incur for storing the property.
As mentioned above, some states allow you to use the proceeds to pay for any money owed to you by the tenant -- for example, for unpaid rent or damage to the premises. In many states, the excess proceeds of selling the tenant’s property belong to the tenant, or you may be required to pay the balance to a government agency, such as the State Treasurer. State rules are often very specific on this issue; don’t just keep sale proceeds without a clear understanding of your state’s law.
To find out whether your state has a rule requiring you to give notice, you’ll need to look up the law yourself or get professional help.
To find out what laws your state has on the books, see State Laws on Handling Abandoned Property. There, you’ll find the statute numbers you’ll need to look up. If, after reading the laws, you don’t find a statute covering notice requirements, there’s one more step to take. In some states, courts have stepped in to create notice rules. That means you should find and read any cases that have interpreted your state’s abandoned property laws. (For tips, see the Legal Research section on Nolo.com.)
You can often get good information and advice by talking with other landlords. You may want to search online for your local or state rental property associations. One place to begin your search is the National Apartment Association, an organization whose members include many state associations. Also, the National Multifamily Housing Council offers many opportunities for networking and information sharing.
A qualified lawyer can help you find and understand the rules that apply to your situation. You can search for an experienced landlord-tenant attorney using Nolo’s Lawyer Directory.
To learn the basics of how abandoned property laws work, see Handling a Tenant’s Abandoned Property: An Overview.
For tips on what to do if the tenant owes you money, see Handling a Tenant’s Abandoned Property When the Tenant Owes You Money.
For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com.
This article was adapted from Every Landlord’s Legal Guide, the most comprehensive and up-to-date legal and practical guide for residential landlords, by Marcia Stewart, Ralph Warner, and Janet Portman (Nolo).
]]>Whether a tenant moves out voluntarily or after an eviction, landlords often find themselves not only cleaning up and repairing damage, but also dealing with personal property left behind. Usually, this will just be trash that the tenant doesn’t want, such as old food, cleaning supplies, and broken furniture. Landlords are free to dispose of trash left behind in a rental.
However, dealing with abandoned belongings that have value—such as a bicycle, a stereo, clothes, or furniture—is another story. In some states, landlords can face serious penalties and liability when they dispose of a tenant's abandoned personal property (other than obvious trash) without first following certain procedures.
It is critical for landlords to know their state’s rules on issues such as:
This article covers a few basic concepts that landlords in all states should consider. At the end of the article, you'll find guidance on how to learn more about your specific state's abandoned property laws.
In many states, landlords' options for handling abandoned property depend on the circumstances of the tenant’s departure.
When you read your state’s law, be on the lookout for differing procedures based on the reason for the tenant’s departure.
State rules on abandoned property do not apply to the following types of property:
Fixtures. When an item is affixed more or less permanently to the wall, such as built-in bookshelves, it is called a “fixture.” Absent a written agreement between the landlord and tenant (such as a lease clause specifically addressing fixtures and improvements), fixtures installed by a tenant become a part of the premises. Fixtures belong to the landlord and do not have to be returned to the tenant.
Motor vehicles. Occasionally, a departing tenant will leave an inoperable or “junker” automobile in the parking lot or garage. Motor vehicles are often a special category of personal property to which state rules on abandoned property don’t apply. When a tenant leaves a car or other vehicle behind, the landlord should call the local police, giving the vehicle’s license plate number, make, and model, and indicate where it’s parked. The police will probably arrange to have it towed after determining that it is abandoned.
To learn your state’s exact rules on dealing with abandoned property, you’ll need to look up the law yourself or get professional help.
Doing your own research. Nolo's chart, State Laws on Handling Abandoned Property, lists each state's abandoned property laws, and is a good place to begin your research. If, after reading the laws, you don’t find a statute covering notice requirements, there’s one more step to take: In some states, courts have stepped in to create notice rules. That means you should find and read any cases that have interpreted your state’s abandoned property statutes. For tips on researching, see Nolo's Legal Research section.
Contacting a landlords’ association. If you're a landlord, you can often get good information and advice by talking with other landlords. You might want to search online for your local or state rental property associations. One place to begin your search is the National Apartment Association, an organization whose members include many state associations. Also, the National Multifamily Housing Council offers many opportunities for networking and information sharing.
Getting a lawyer’s help. A qualified lawyer can help you find and understand the rules that apply to your situation. It’s particularly wise to consult a lawyer if you think the abandoned property might be very valuable or if you have any reason to believe the tenant may cause problems later. A good lawyer can help you protect yourself from claims that you have stolen or destroyed a tenant’s property. You can search for an experienced landlord-tenant attorney using Nolo’s Lawyer Directory.
To find out about giving notice to a tenant who has left belongings behind, see Handling Tenant’s Abandoned Property: Legal Notice Requirements.
For more information about your rights and responsibilities as a landlord, see Nolo's Landlords section.
For more information about your rights and responsibilities as a tenant, see Nolo's Tenants section.
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