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 Montana, the regulation regarding a tenant's abandoned property is outlined in the Montana Residential Landlord and Tenant Act, specifically in MCA § 70-24-430. When a tenant vacates the premises and leaves personal property behind, the landlord must store the property for a period of time and make an effort to notify the tenant. The landlord is required to hold the abandoned property for at least 14 days after notice is mailed to the tenant's last known address or personally served. If the tenant does not claim the property 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 of the sale in a local newspaper. The landlord can use the proceeds from the sale to cover the costs of storage, the sale, and any outstanding rent or damages, with any remaining funds held for the tenant for up to six months. If the tenant does not claim the remaining funds within this period, the money escheats to the county. Lease agreements may include specific provisions regarding abandoned property, but they cannot waive the tenant's rights under state law. Additionally, landlords may have a lien on the abandoned property for unpaid rent or damages.