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 Idaho, the handling of a tenant's abandoned property is governed by Idaho Code § 55-2306. When a tenant vacates the premises and leaves personal property behind, the landlord must send a notice to the tenant's last known address, informing them of the abandoned property. The tenant has a period of 21 days after the notice is mailed to claim the property. If the tenant fails to respond within this time frame, the landlord may dispose of the property. If the property is worth more than $300, the landlord must sell it at a public sale after publishing a notice in the newspaper. The proceeds from the sale, minus any costs of storage and sale, may be applied to any outstanding rent or damages owed by the tenant. If there's a surplus, it must be held for the tenant for six months and then escheat to the state if unclaimed. Lease agreements may also include specific provisions regarding abandoned property, but they must be consistent with state law. It's important for landlords to follow these procedures carefully to avoid liability for wrongful disposal of a tenant's property.