Landlords often face the challenge of tenants moving out and leaving personal property behind. Both Oregon and California have detailed laws on how landlords must handle this property. Failure to comply can result in heavy penalties, so it pays to follow the rules precisely.
Key takeaways
- Never throw away or sell a former tenant’s belongings without giving proper written notice.
- There are strict timelines for storage and notice delivery—always document your process.
- Photos, videos, and inventories protect you from false claims and future headaches.
When is Property Considered Abandoned?
- When a tenant moves out, is evicted, or leaves keys behind—but leaves furniture, clothing, appliances, or other belongings in the rental unit.
- Property is not considered abandoned if the tenant is just temporarily away or has notified you of a late move-out.
Step-by-Step: What Landlords Must Do
- Take clear, dated photos/videos of all items left behind.
- Immediately inventory the property (room-by-room) and store it in a safe, secure place—on or off the premises.
- Send a written notice to the former tenant (and any other known owners), describing the items, where they are stored, and how long the tenant has to claim them. Deliver by certified mail or in-person if possible.
- Store the property for the required waiting period:
- Oregon: at least 15 days
- California: at least 15 days if notice delivered in person, 18 days if by mail
- After the waiting period, if unclaimed:
- Sell valuable property at public auction (after advertising); keep proceeds above storage costs for the tenant for at least 30 days
- Dispose of worthless/unsanitary items as allowed by law
- Keep all records for at least 1 year in case of future claims or disputes.
Documentation: Protect Yourself
Use your property management software (such as Chez‑Moi) to create a digital inventory and upload all photos, videos, and notice copies. Time-stamped records are your best defense against “you threw out my laptop!” or similar claims.
Common Mistakes to Avoid
- Throwing away or selling property without proper notice.
- Storing property in a place accessible to others or at risk of theft/damage.
- Failing to keep receipts for storage, auction, and notice delivery.
- Ignoring “junk” property—laws apply to all items, not just valuables.
Landlord Tip: Always err on the side of caution and keep full records. Use certified mail for all notices and store copies in the cloud.
Warning: Failure to follow these procedures can result in lawsuits for the full value of the property, punitive damages, and attorney fees.[1]