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 Utah, the handling of a tenant's abandoned property is governed by the Utah Code Annotated. Specifically, Utah Code § 78B-6-816 outlines the procedures a landlord must follow when a tenant leaves personal property behind. The landlord is required to give notice to the tenant, typically through mail, informing them of the abandoned property and providing a deadline for retrieval, which is generally 15 days for property valued over $100, and 5 days for property valued under $100. If the tenant does not claim the property within the specified time frame, the landlord may dispose of the property. If the property is sold, the landlord can apply any proceeds towards unpaid rent or damages, and any excess must be returned to the tenant. Utah law does not provide a lien specifically for landlords on the abandoned property for unpaid rent or damages, but the landlord may deduct from the security deposit for such debts. Lease agreements may also include terms that address the handling of abandoned property, but they must be consistent with state law.