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 Nebraska, the handling of a tenant's abandoned property is governed by the Nebraska Residential Landlord and Tenant Act. Specifically, Nebraska Statute § 76-1411 outlines the procedures a landlord must follow when a tenant leaves personal property behind after vacating the premises. The landlord is required to give the tenant notice, typically through mail, informing them of the abandoned property and providing a time frame within which the tenant must claim their belongings. If the tenant fails to respond within 14 days after the notice is given, the landlord may then dispose of the property. If the property is sold, the landlord can apply any proceeds to the unpaid rent or damages caused by the tenant, after deducting the costs of storage and sale. Any remaining proceeds must be held for the tenant for six months, after which they may be retained by the landlord if unclaimed. Lease agreements may also include specific provisions regarding abandoned property, but they must comply with state law.