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 Indiana, when a tenant abandons personal property after vacating leased premises, the landlord must handle the property according to Indiana Code IC 32-31-4. This statute requires the landlord to provide notice to the tenant about the abandoned property. If the tenant does not claim the property within a specified time frame, which is generally 90 days for property valued at less than $750 or 180 days for property valued at $750 or more, the landlord may dispose of the items. The landlord is not required to store the property during this notice period but must make it available for the tenant to claim. If the tenant owes unpaid rent or has caused damage beyond the security deposit, the landlord may have a lien on the abandoned property. Lease agreements may also include terms that address the handling of abandoned property, but these terms must be consistent with Indiana law. It's important for landlords to follow these regulations carefully to avoid potential legal issues.