If you’re a landlord that happened upon personal belongings a tenant left behind after an eviction, don’t head to the dump just yet, or you may find yourself in another legal battle. If you’re a tenant, you should be aware of your rights if you had to leave in a hurry during an eviction process and couldn’t take everything with you.
It’s important to know that every state has different rules regarding what landlords can and can’t do with the abandoned property after a tenant is evicted. Find your state-mandated tenant property holding periods and other important information below.
Table of Contents
Getting Rid of Tenant Belongings After Evictions
While rules in each state vary, landlords usually stick to the following steps for abandoned belongings after evictions:
- The landlord or a cleaning crew disposes of anything deemed to be garbage
- Catalog items of value
- Issue a hand-delivered or mailed notice to the tenant informing them of their abandoned items
- The landlord might choose to keep the items in the property or move them to a secure and dry storage location
- Give the tenant an amount of time in accordance with state law to collect their possessions. For states that do not have requirements, 30 days is recommended.
- If the tenant does not collect their possessions, the landlord disposes of, gives away, or sells the items
Some states require landlords to disburse sale proceeds less storage fees to the tenants should they ask, some allow the landlord to keep the money, and others have different rules regarding what landlords can do with the money collected from sold tenant belongings. Check further down for state rules.
What To Do With Trash
Some “belongings” don’t amount to anything of value — we’re talking about trash. Generally, landlords are free to dispose of old bottles, wrappers, and other obvious garbage. Just make sure you’re not potentially tossing any memorabilia or important items that look worn but may have been important to the tenant.
State-by-State Holding Periods for Tenant Belongings
State |
Personal Property Holding Period After Eviction |
State Law |
| Alabama | 14 days | § 35-9A-423(d) |
| Alaska | 15 days after notice | § 34.03.260 |
| Arizona | 14 days | A.R.S. § 33-1370 |
| Arkansas | None | Ark. Code Ann. § 18-16-108 |
| California | 15 days after personally delivered notice, 18 days after mailed notice | § 1984 and 1985 |
| Colorado | 15 days after notice | Colo. Rev. Stat. § 13-40-122 |
| Connecticut | 30 days after notice | CT Gen Stat § 47a-11b |
| Delaware | 7 days after notice | Del. Code Ann. tit. 25, §§ 5507, 5715 |
| Florida |
10 days after personally-delivered notice 15 days after mailed notice |
§ 715.105 and 715.106 |
| Georgia | None | Georgia Code § 44-7-55 |
| Hawaii | 15 days after notice | Haw. Rev. Stat. § 521-56 |
| Idaho | Landlord should file an eviction complaint to obtain permission from the court | Idaho Code § 6-311C |
| Illinois | None | 735 Ill. Comp. Stat. § 5/9-318 |
| Indiana | 90 days after notice | § 32-31-4-5 |
| Iowa | None | |
| Kansas | 30 days | § 58-2565 |
| Kentucky | Not specified | |
| Louisiana | Not specified | |
| Maine | 7 days after notice | § 6013 |
| Maryland | Not specified | |
| Massachusetts | Not specified, but landlords should include a clause in the lease that explains what will happen to abandoned property | |
| Michigan | None | |
| Minnesota | 28 days | § 504B.271 |
| Mississippi | None | |
| Missouri | 10 days after notice | Missouri Revised Statutes § 441.065 |
| Montana | 10 days after notice | § 70-24-430 |
| Nebraska | 7 days after hand-delivered notice, 14 days after mailed notice | Neb. Rev. Stat. §§ 69-2303 to 69-2314 |
| Nevada | 30 days | NRS 118A.460 |
| New Hampshire | 7 days after notice | § 540-A:3 |
| New Jersey | 30 days after notice or 33 days after the landlord has mailed the notice | N.J. Stat. Ann. §§ 2A:18-72 to 2A:18-84 |
| New Mexico | 30 days after notice | §§47-8-36.1(A) and 48-3-5 |
| New York | Not specified | |
| North Carolina |
If the value of the property is less than $500, the tenant has 5 days to claim after notice has been delivered. If the value is over $500, the tenant has 7 days to claim. |
N.C. Gen. Stat. § 42-29.9(h) |
| North Dakota | 28 days | § 47-16-30.1 |
| Ohio | Not specified | |
| Oklahoma | 15 days | Okla. Stat. Ann. tit. 41, § 130 |
| Oregon | Tenant has 5 days from receiving delivered notice, or 8 days from receiving a mailed notice, to notify the landlord of intent to collect possessions. The landlord must keep possessions for a total of 15 days after the tenant receives notice. | § 90.425, 105.165 |
| Pennsylvania | 10 days to claim. If claimed, the landlord may have to store the property for 30 additional days at the tenant’s expense. | Pa. Act 129 |
| Rhode Island | “Reasonable” amount of time. Must make efforts to notify tenant. | R.I. Gen. Laws § 34-18 |
| South Carolina | Abandoned property valued at less than $500 may be disposed of. If property is valued at more than $500, the landlord must seek permission from the court to dispose of it. | § 27-40-710 |
| South Dakota | 30 days | § 43-32-25, 43-32-26 |
| Tennessee | 30 days | Tenn. Code Ann. § 66-28-405 |
| Texas | Not specified | |
| Utah | 15 days after notice | Utah Code Ann. § 78B-6-816 |
| Vermont | 15 days after notice | Vt. Stat. Ann. tit. 12 § 4854a |
| Virginia | 10 days to respond after notice, then 24 additional hours to collect. The landlord is not required to provide notice if a clause was included in the lease. | §§ 55.1-1249, 55.1-1254 to 55.1-1256 |
| Washington | 45 days | Wash. Rev. Code Ann. § 59.18.310 |
| West Virginia | 30 days after notice | § 37-6-6 |
| Wisconsin | If the rental agreement stated that the landlord will not store property, it can be disposed of immediately. If not, 30 days after the notice is delivered to the tenant. | Wisconsin Statutes § 704.05(5)(bf) |
| Wyoming | 7 days after receiving notice to inform the landlord of intent to collect, and an additional 15 days to collect. | WY Stat § 1-21-1210 |