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 New Mexico, the regulation of a tenant's abandoned property is governed by the New Mexico Uniform Owner-Resident Relations Act. According to NM Stat § 47-8-34.1, if a tenant leaves personal property behind after vacating the premises, the landlord must send a notice to the tenant's last known address, informing them of the abandoned property and the intention to dispose of it if not claimed. The tenant has a period of 30 days after the notice is sent to claim the property. If the property is not claimed within this time frame, the landlord may dispose of the property. The landlord is not required to store the property during this 30-day notice period if it is worth less than $250. If the abandoned property is worth more than $250, the landlord must store it throughout the notice period. Additionally, the landlord may have a lien on the abandoned property for unpaid rent or damages caused by the tenant, as per the lease agreement or state law. It is important for landlords and tenants in New Mexico to refer to the specific terms of their lease agreement and state statutes to understand their rights and obligations regarding abandoned property.