Abandoned Property Laws by State 2026

Landlords and tenants must understand how state laws govern abandoned property. In some situations, renters might forget certain items when they move. In other situations, the renter might have intentionally left something behind.

Legally, landlords cannot always simply throw the item out, claim it for themselves, or sell it. Furthermore, the landlord needs to know what to do if the renter does not respond to attempts to return the item. The state laws related to abandoned property can vary significantly from state to state, so it is critical for landlords to stay up to date on all relevant guidelines.

Typical State Guidelines for Abandoned Property

Typically, if the renter leaves certain items behind, the landlord is required to reach out to the renter to make contact and let the renter know that the property has been left behind. Not all states have regulations related to how the landlord must reach out to the renter, but a good faith attempt has to be made. Then, after the notice has been issued, the clock starts ticking.

Delaware, Maine, New Hampshire, and Nebraska have the shortest time for renters to pick up their abandoned property at just 7 days. A 30-day holding period is the most common standard, though some states allow shorter timeframes and others extend beyond 30 days. Texas and Vermont give renters 60 days to pick up abandoned property, and Indiana has the longest period of 90 days. Rhode Island’s law says that landlords must keep the abandoned property for a “reasonable” amount of time. Many states require that the tenant must pay the storage cost accrued during this time.

Some states require that the renter contacts the landlord during the storage period to arrange a pickup time. Other states require the landlord to file a claim in court.

Some states rely on statutory law governing abandoned property, while others depend more heavily on lease provisions or case law. Requirements and procedures vary significantly by jurisdiction. Some of these states suggest that a lease clause is included to set expectations for these situations. In certain states, such as Arkansas, landlords may dispose of abandoned property under specific conditions. In Georgia, disposal rules may apply following the issuance of a writ of possession.

Because local laws can vary and state laws can change, it is important for renters and landlords to get the most up-to-date information by contacting local and state agencies for the most current laws.

Laws Governing Abandoned Securities

Abandoned securities are governed by state unclaimed property laws rather than landlord-tenant rules. These laws address financial assets that remain inactive or unclaimed for a specified period. Sometimes, a broker is responsible for managing securities on behalf of someone else. Then, when it is time for the securities to be transferred, the owner of the account might be hard to reach. Sometimes, they have even passed away. In this case, the securities might not be considered abandoned until several years have passed. Then, possession of those securities might pass to a government entity instead.