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 North Dakota, when a tenant abandons personal property after vacating leased premises, the landlord must follow specific procedures outlined in state law. According to North Dakota Century Code (NDCC) 47-16-30.1, the landlord must give notice to the tenant, informing them of the abandoned property and providing a reasonable deadline to claim it, which is generally at least 28 days. If the tenant fails to respond or retrieve their belongings within the given timeframe, the landlord may then dispose of the property. If the property is sold, the landlord can apply the proceeds to any unpaid rent or damages, with any excess funds held for the tenant for one year before escheating to the state. It's important for landlords to adhere to these regulations to avoid liability for wrongful disposal of tenant property. Lease agreements may also include terms regarding abandoned property, but they must be consistent with state law.