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 Louisiana, the regulation regarding a tenant's abandoned property is governed by the Louisiana Revised Statutes. Specifically, under Louisiana law, landlords are required to follow certain procedures when a tenant abandons property. The landlord must provide notice to the tenant, usually at their last known address, informing them of the abandoned property and giving them a reasonable period to claim it. If the tenant fails to claim the property within the specified time frame, which is typically 30 days, the landlord may dispose of the property. The landlord may also have a lien on the abandoned property for unpaid rent or damages exceeding the security deposit. It is important for both landlords and tenants to review their lease agreements, as these may have specific provisions regarding the handling of abandoned property that could either supplement or supersede state law. Additionally, local ordinances may also have regulations pertaining to abandoned property, so it is advisable to check for any city or municipal codes that may apply.