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 Georgia, the handling of a tenant's abandoned property is governed by the Georgia landlord-tenant law. Specifically, O.C.G.A. § 44-7-55 states that if a tenant abandons personal property worth less than $500, the landlord may dispose of it after 10 days following a written notice to the tenant. For property exceeding $500 in value, the landlord must file a writ of possession and, after 30 days from the tenant's receipt of the notice, may dispose of the property through a public sale. The landlord is required to hold any proceeds from the sale for the tenant for 30 days. If the tenant owes unpaid rent or caused damage beyond the security deposit, the landlord may have a lien on the abandoned property. Lease agreements in Georgia may also include specific provisions regarding abandoned property, which can define the rights and obligations of both the landlord and tenant in such situations. It is important for landlords to follow these legal requirements to avoid potential liability for improperly handling a tenant's abandoned property.