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 West Virginia, the regulation regarding a tenant's abandoned property is outlined in the West Virginia Code, specifically in Chapter 37, Article 6, Section 8. According to this statute, if a tenant abandons personal property at the leased premises, the landlord must send a notice to the tenant's last known address informing them of the abandoned property and their right to reclaim it. The tenant has a period of 30 days from the date of the notice to claim the property. If the tenant fails to respond within this time frame, the landlord may dispose of the property as they see fit. The law also allows the landlord to sell the abandoned property to cover any unpaid rent or damages exceeding the security deposit. Lease agreements in West Virginia may also include specific provisions regarding the handling of abandoned property, which can provide additional guidance on the matter. It is important for landlords to follow these legal requirements to avoid potential liability for improperly handling a tenant's abandoned property.