Abandoned Property Landlord FAQs

Abandoned property laws generally apply when personal property is left behind after:

• A completed eviction, or
• Abandonment has been established through the required notice process

Once abandonment is legally established, landlords cannot immediately claim, discard, or sell personal property. Statutory notice, holding, and disposition requirements often apply regardless of lease language.

The most common mistake is acting too quickly; disposing of or selling property before statutory requirements are satisfied.

Other frequent errors include relying solely on lease language, failing to document valuation decisions, improper notice service, and discarding items perceived as low value without support.

In most cases, NO!

Disposal is typically permitted only after required notice and holding periods are satisfied. In some jurisdictions, disposal is allowed only if property value falls below statutory thresholds or if sale costs would exceed recovery.

Discarding property too early is a common source of disputes.

Often, NO!

While lease provisions are important, they do not always override statutory abandoned property requirements. In some jurisdictions, statutory notice, holding, and sale obligations apply regardless of lease language.

This issue is addressed in more detail in Can I Rely On My Lease?

In many states, value determines whether property may be discarded, donated, or must be sold at public auction.

Value may affect:

• Whether property can be disposed of
• Whether a public sale is required
• How proceeds must be handled

Even when statutes do not mandate appraisal, valuation is often critical to defending disposition decisions if later challenged.

Not always - but often.

An appraisal may be required by statute, contract, or best practice when:

• Disposition pathways depend on value
• Assets are specialized or difficult to price
• Decisions may later be questioned

Professional valuation is commonly used to document rationale and reduce disputes.

You can see more on our Appraisal Services on the Appraisal & Valuation page.

Former occupants generally retain reclaim rights during the statutory holding period, provided they comply with applicable requirements (such as payment of allowable costs).

Reclaim requests must be handled carefully and documented, including reimbursement of allowable costs where applicable.

When a sale is conducted:

• Allowable costs may be deducted
• Proceeds may need to be held for a defined period
• Records of sale and accounting should be retained

Specific requirements vary by jurisdiction.

Some items require special handling, such as:

• Personal or confidential records
• Regulated or hazardous materials
• Items subject to specific disposal requirements

These items should be identified early and handled separately to ensure compliance.

Timelines vary by jurisdiction and depend on:

• Notice requirements
• Holding periods
• Valuation and disposition pathways

The process typically begins immediately after eviction or abandonment is established and concludes once lawful disposition and cleanup are complete.

Improper handling can result in claims for conversion, statutory damages, civil penalties, or delay in re-leasing the property.

Mistakes can also trigger disputes with secured creditors or third parties claiming ownership.

Professional assistance is often helpful:

• Early in the process
• Before property is moved, sold, or discarded
• When value, notice, or authority may be questioned
• When documentation matters

Early involvement can prevent delays and reduce risk.

If your situation doesn’t fit neatly into these answers, we’re happy to talk.