What a landlord can do with belongings a tenant leaves behind

A landlord can remove, store, and eventually sell, keep, or discard abandoned personal property, but in most states only after the tenancy has ended and a written notice has given the owner a fixed window to reclaim it. Skip the notice, and the landlord may end up paying for whatever the former tenant later claims was in the unit.

Start by confirming the tenancy is over. A tenant who simply stopped answering the phone is a harder case, and clearing out a current tenant's things can become an illegal lockout. Our guide on what a landlord can do when a tenant abandons the unit covers that step. Florida supplies one test in Statutes section 83.59(3)(c): without actual knowledge, a landlord may presume abandonment once the tenant has been gone for half the rental payment period, unless the rent is current or the tenant gave written notice of an intended absence.

Once the tenancy has ended, state law sets the steps. Here is how California, Florida, and Texas compare.

In California, Civil Code section 1983 requires written notice to the former tenant and to anyone else the landlord reasonably believes owns the property, such as a rental furniture company. If the notice to the former tenant goes by mail, one copy must also go to the vacated unit, and the landlord may email it too when the tenant gave an email address. Under section 1987, a tenant who reclaims property left in the unit within two days of moving out owes no storage charge. After the deadline, section 1988 lets the landlord keep or dispose of property reasonably believed to be worth less than $700. Anything worth more goes to a public sale, and money left after storage, advertising, and sale costs goes to the county treasury, where the former tenant can claim it for one year.

Florida's rules in sections 715.10 through 715.111 run on the same track. The notice must describe the items well enough for the owner to recognize them, though a locked trunk or tied box can be listed as a container without being opened. The landlord must store the property with reasonable care, in the unit or another safe place, and is liable for loss only if caused by a deliberate or negligent act. Under section 83.67(5), a legend printed or stamped on the rental agreement means that, after surrender or abandonment, the landlord need not send the section 715.104 notice and is not responsible for storing or disposing of the property.

Texas takes a lease-first approach. Property Code section 54.044 states that if the tenant has abandoned the premises, the landlord may remove its contents. Selling seized property under the landlord's lien takes more. The lien clause must be underlined or in conspicuous bold print, and the written lease must authorize the sale. The tenant gets at least 30 days' notice by both first-class and certified mail, and any surplus must be mailed to the tenant within 30 days after the sale. Texas landlords should write the abandonment and disposal steps directly into the lease agreement.

In a Florida example, a lease ends March 31, and on April 2 the landlord finds a sofa, a television, and six taped boxes. The landlord mails a notice on April 3, so the reclaim date can be no earlier than April 18, which is 15 days after mailing. Had the landlord handed the notice to the former tenant on April 3, April 13 would work. If the landlord reasonably values the items at $350, the notice can say they may be kept, sold, or destroyed after April 18. If they are worth $1,200, a public sale is required: newspaper ads on April 21 and April 28 allow a sale on May 3, which is at least 10 days after the first ad and 5 days after the last. Unclaimed proceeds left after costs go to the county within 30 days of the sale.

Sample wording, adapted from the form in Florida Statutes section 715.105:

Notice of Right to Reclaim Abandoned Property. To: [former tenant], [last known address]. When you vacated the premises at [unit address], the following personal property remained: one gray sofa, one television, and six taped moving boxes. You may claim this property at [address where it may be claimed]. Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property you claim by April 18, this property may be disposed of under section 715.109, Florida Statutes. Because this property is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.

When the tenant has died

A tenant's death does not make the belongings abandoned. They belong to the estate, and the person with authority over them is usually the personal representative appointed by a probate court. Our post on what happens to a lease when the tenant dies covers rent and the lease itself. Florida has a specific rule for the property. Section 83.59(3)(d) lets a landlord recover possession when the last remaining tenant has died, property remains, rent is unpaid, at least 60 days have passed since the death, and nobody has notified the landlord in writing of a probate estate or a personal representative. That paragraph does not apply to certain federally assisted housing.

Texas Property Code section 92.014 lets a landlord plan ahead. On written request, a tenant must name an emergency contact and sign a statement authorizing the landlord, if the tenant dies, to let that person in, allow removal of the tenant's property, and refund the deposit to that person. If a sole occupant dies, the landlord may remove and store the property and must hand it over to the designated person or anyone else lawfully entitled to it. The landlord may discard it only after mailing a removal request by certified mail, return receipt requested, waiting 30 days past the postmark, and hearing from no one claiming the property. A written lease can set a different procedure.

Sources

• California Civil Code section 1983
• California Civil Code section 1984
• California Civil Code section 1987
• California Civil Code section 1988
• Florida Statutes chapter 715 (sections 715.10 to 715.111)
• Florida Statutes section 83.59
• Florida Statutes section 83.67
• Texas Property Code chapter 54
• Texas Property Code chapter 92 (section 92.014)