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 Delaware, when a tenant abandons personal property after moving out, the landlord is required to handle the items according to the Delaware Residential Landlord-Tenant Code. The landlord must send a notice to the tenant's last known address, informing them of the abandoned property and giving them a period of at least 7 days to claim it. If the property is not claimed within this time, the landlord may dispose of the property. If the abandoned property has a value greater than $300, the landlord must hold the property for at least 30 days and may be required to sell the items at a public sale. The landlord can use the proceeds from the sale to cover any costs associated with storage and sale of the property, as well as any outstanding rent or damages owed by the tenant. Any remaining proceeds must be paid to the State Treasurer. The specific obligations and procedures are outlined in Delaware Code Title 25, Chapter 55. Lease agreements may also include provisions regarding abandoned property, but they must be consistent with state law.