If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.
Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.
In Texas, the regulation of a tenant's abandoned property is governed by the Texas Property Code. When a tenant abandons personal property, the landlord must provide notice to the tenant regarding the abandoned property. According to Texas Property Code Section 93.002, the landlord must send a notice by first-class mail stating that the property is considered abandoned and that the tenant has 60 days to claim it. If the tenant does not claim the property within that time frame, the landlord may dispose of the property. Additionally, the landlord may have a lien on the abandoned property for unpaid rent or damage to the premises, as per Section 54.041 of the Texas Property Code. Lease agreements in Texas may also include specific provisions regarding the handling of abandoned property, which can further define the rights and obligations of both the landlord and tenant. It is important for landlords to follow these legal requirements to avoid potential liability for improperly handling a tenant's abandoned property.
