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 Dakota, the regulation of a tenant's abandoned property is governed by state statutes, specifically SDCL 43-32-25 to 43-32-30. When a tenant vacates the premises and leaves personal property behind, the landlord must follow specific procedures before disposing of the property. The landlord is required to give notice to the tenant, typically through mail, informing them of the abandoned property and providing a reasonable deadline to claim it. If the tenant fails to respond or collect the property within the specified time frame, which is generally not less than 30 days, 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 proceeds being held for the tenant for a period of time. If the tenant does not claim the excess proceeds within that period, the funds may be turned over to the state as unclaimed property. It's important to note that lease agreements may also include terms that address the handling of abandoned property, and these terms must be consistent with state law.