After a tenant moves out, how long does the landlord have to hold onto the property they left behind?

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After a tenant moves out, how long does the landlord have to hold onto the property they left behind?

Asked on May 3, 2011 under Real Estate Law, Nebraska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a tenant moves out amicably or otherwise (eviction, abandonment) then the landlord can get rid of the tenant's property after a statutory time period based usually on state law. The time period is different in each state but is usually under the abandonment of property laws.  Sometimes it can be as short as 30 days or months and months and months. Unless the landlord has a legally binding written agreement in or out of the lease agreement that requires the tenant to pay storage fees or be responsible for storage costs, the landlord cannot charge for such storage. Further, if it is a health and safety issue (think the latest in bed bugs or cockroaches), I am pretty sure the court will probably side with the landlord for ensuring the safety of other tenants and the habitability of the other units.


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