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 Illinois, the handling of a tenant's abandoned property is governed by the Illinois Residential Landlord and Tenant Ordinance (RLTO) for municipalities like Chicago, as well as state statutes for other areas. When a tenant vacates and leaves personal property behind, the landlord must store the property for a reasonable amount of time and make a good faith effort to notify the tenant. The time frame for storage and notice can vary, but typically the landlord must send a notice to the tenant's last known address, informing them of the abandoned property and the intention to dispose of it if not claimed. If the tenant does not respond within the time specified in the notice (which can range from 5 to 45 days depending on the circumstances), the landlord may dispose of the property. In some cases, the landlord may have a lien on the abandoned property for unpaid rent or damages. Lease agreements may also have specific provisions regarding abandoned property, which can provide additional guidance beyond state statutes and local ordinances.