What is the law concerning abandoned property?

UPDATED: Jul 22, 2010

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What is the law concerning abandoned property?

If a person’s stuff has been put on the lawn due to eviction/foreclosure can anyone take it?

Asked on July 22, 2010 under Real Estate Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The law regarding the personal belongings of a tenant after eviction varies from state to state.  If the belongings were removed after the landlord received a Writ of Possession and they were removed legally, i.e., with a Sheriff present, then it will be presumed that the tenant had the proper notice of the proceeding and the removal. It is usually placed on the landlord's property with the approval of the sheriff.  Once the property is removed under the Writ it is considered abandoned and the landlord has no obligation to the tenant thereafter.  So I guess that the answer is yes, anyone can take it.

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