Some tenants move out or “disappear,” leaving behind furniture, clothing, kitchenware, and other personal items. Obviously you would like to remove these items so you can start cleaning the apartment and finding a new tenant. But states have rules about when and how landlords can dispose of a tenant's belongings. It is essential to find out what these rules are in your area.

It's also a good idea to check your consumer protection agency to see if your state has any other guidelines or regulations to follow regarding disposing of tenants' property. Tenants can sue for liability if their property is sold or thrown out too quickly. So whatever you do, don't jump to conclusions. You have to determine that your tenant really has left and will not be coming back.

Why the Tenant Left Is Important

In most states you have the most flexibility in handling the abandoned property if the tenant left after the lease ended or after receiving a termination notice. But if your tenant was physically evicted, in some states it's important to be careful with what was left behind.

Evicted tenants in most states are notified a couple of days in advance about when to expect the sheriff who will physically move them out. If the tenant “disappears,” some states require landlords to try to find them, and to carefully store any property left behind, perhaps in a garage or basement. Eventually landlords will be able to sell or give those items away if the tenant doesn't show up. Other states do not require special handling of abandoned property.

You Can Seize Property to Cover Rent

When your tenant owes you money, you can “seize” the property and put a lien on it. However, don't seize what the courts would call the necessities of life — blankets, seasonal clothes, children's toys. Before selling anything, you have to place a lien on the property. To do that it's necessary to place an ad in your local newspaper describing the property, estimating its value, and saying where it can be reclaimed. That gives merchants time to repossess items on which the tenant still owes money.

State law usually determines how long you have to wait after the notice is published to dispose of anything. Courts in your area may also have rulings that restrict landlords on how quickly they can act. You should find out what the rules are before you place a lien on your tenant's property.