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 South Carolina, the handling of a tenant's abandoned property is governed by state statutes, specifically the South Carolina Residential Landlord and Tenant Act. When a tenant vacates the premises and leaves personal property behind, the landlord must follow certain procedures. According to SC Code § 27-40-730, the landlord must give the tenant written notice of the landlord's intention to dispose of the property if the tenant does not reclaim it. The tenant has 10 days after the notice is delivered to claim the property. If the property is not claimed within this time frame, the landlord may dispose of the property. The landlord is allowed to sell the items and apply the proceeds to any outstanding rent, damages, storage fees, and sale costs. Any remaining proceeds must be held for the tenant for 30 days, after which they may be retained by the landlord. It is important for landlords and tenants in South Carolina to also review their lease agreements, as they may contain specific provisions regarding abandoned property that are consistent with state law.