Can a landlord claim the storage cost of his tenant’' abandoned properties from his tenant?

Full question:

I rented out my shop to someone. After the lapse of his tenancy, he left some of his personal properties in the shop. Can I claim the storage cost of those properties from him?

• Category: Abandoned Property
• Subcategory: Landlord Tenant
• Date: 04/07/2025
• State: Nevada

Answer:

Yes, prior to that, you must send a notice to his last known address in writing your intention to dispose of his abandoned personal properties by certified mail. If he didn’t claim his properties within 14 days, you can dispose of those properties and recover the reasonable costs out of those properties. If he rightfully claimed the properties within the appropriate period, you can charge and collect the reasonable and actual costs of inventory, moving, and safe storage before releasing the properties to him.
You can have a look at the relevant law in this regard below:
 
Nev. Rev. Stat. Ann. § 118C.230.  
Disposal of abandoned property.

1. Except as otherwise provided in subsection 3, a landlord who leases or subleases any commercial premises under a rental agreement that has been terminated for any reason may, in accordance with the following provisions, dispose of any abandoned personal property, regardless of its character, left on the commercial premises without incurring any civil or criminal liability:

     (a) The landlord may dispose of the abandoned personal property and recover his or her reasonable costs out of the abandoned personal property or the value thereof if the landlord has notified the tenant in writing of the landlord's intention to dispose of the abandoned personal property and 14 days have elapsed since the notice was mailed to the tenant. The notice must be mailed, by certified mail, return receipt requested, to the tenant at the tenant's present address, and if that address is unknown, then at the tenant's last known address.

     (b) The landlord may charge and collect the reasonable and actual costs of inventory, moving and safe storage, if necessary, before releasing the abandoned personal property to the tenant or his or her authorized representative rightfully claiming the abandoned personal property within the appropriate period set forth in paragraph (a).

     (c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.

2. A tenant of commercial premises is presumed to have abandoned the premises if:

     (a) Goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the commercial premises, is being or has been removed from the commercial premises; and

     (b) The removal is not within the normal course of business of the tenant.

3. If a written agreement between a landlord and a person who has an ownership interest in any abandoned personal property of the tenant contains provisions which relate to the removal and disposal of abandoned personal property, the provisions of the agreement determine the rights and obligations of the landlord and the person with respect to the removal and disposal of the abandoned personal property.

4. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (b) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.
 
Nev. Rev. Stat. Ann. § 487.205.  
Legislative findings and declaration.

1. The legislature finds that:

     (a) Abandoned vehicles constitute a safety hazard and a public nuisance and are detrimental to the health, safety and welfare of the general public.

     (b) Such vehicles produce scenic blight which degrades the environment and adversely affects the proper maintenance and continuing development of the state.

     (c) Such vehicles represent a resource out of place, requiring state and local governmental attention in order to ensure their expeditious removal and recycling.

2. The legislature declares that the policy of this state is:

     (a) To prohibit the abandonment of vehicles and to enforce such prohibition with adequate penalties.

     (b) To encourage the development of procedures and operational techniques which will facilitate the expeditious removal of abandoned vehicles from public and private premises.

     (c) To encourage state and local governmental units, in cooperation with the private sector to recover the resource represented by abandoned vehicles to the fullest extent practicable.
 
Nev. Rev. Stat. Ann. § 487.210.  
Definitions.

As used in NRS 487.210 to 487.300, inclusive, unless the context otherwise requires:

     1. "Abandoned vehicle" means a vehicle:

         (a) If the vehicle is discovered upon public lands, that the owner has discarded.

         (b) If the vehicle is discovered upon public or private property other than public lands:

             (1) That the owner has discarded; or

             (2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.

     2. "Public lands" has the meaning ascribed to it in NRS 321.5963.
 
Nev. Rev. Stat. Ann. § 487.220.  
Person responsible for cost of removal and disposition of abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal of presumption.

1. Every person who abandons a vehicle is responsible for the cost of removal and disposition of the vehicle.

2. An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. Except as otherwise provided in NRS 487.235, the registered owner may rebut this presumption by showing that:

     (a) The registered owner transferred his or her interest in the abandoned vehicle:

         (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

         (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

     (b) The vehicle was stolen, if the registered owner submits evidence that, before the discovery of the vehicle, he or she filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.
 
Nev. Rev. Stat. Ann. § 487.230.  
Certain peace officers, law enforcement officers, investigators and other personnel authorized to remove or cause removal of vehicle abandoned on public property other than public lands; removal of vehicles abandoned on private property; duties of person authorizing removal.

1. Except as otherwise provided in NRS 487.235, any sheriff or designee of a sheriff, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or police officer of a city or town or his or her designee, a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125, or any other person charged with the enforcement of county or city ordinances who has reason to believe that a vehicle has been abandoned on public property in his or her jurisdiction may remove the vehicle from that property or cause the vehicle to be removed from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his or her property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

2. A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

     (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

         (1) The state agency or political subdivision making the request if the vehicle is removed from public property.

         (2) The owner or person in possession or control of the property if the vehicle is removed from private property.

     (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
 
Nev. Rev. Stat. Ann. § 487.235.  
Removal of vehicles abandoned on public lands.

1. If a sheriff's office or other law enforcement agency discovers that, or receives notification that, a vehicle has been abandoned on public lands, the sheriff's office or other law enforcement agency shall:

     (a) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the owner of the vehicle; and

     (b) If the vehicle has not been reported as stolen and the sheriff's office or other law enforcement agency is able to determine the identity of the owner of the vehicle, notify the Department of those facts.

2. Upon the receipt of a notice from a sheriff's office or other law enforcement agency pursuant to paragraph (b) of subsection 1 and if the registration of the vehicle has not expired, the Department shall send by registered or certified mail, return receipt requested, a written notice to the owner of the vehicle stating that the owner must remove or cause the vehicle to be removed from the public lands within 30 days after the date on which the notice was sent.

3. If an owner receives a notice pursuant to subsection 2, the owner may submit to the Department an affidavit which states that the owner has taken action which meets the requirements of paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner submits such an affidavit, the Department:

     (a) Shall maintain a record of the affidavit; and

     (b) Shall not suspend the registration of each vehicle currently registered to that owner as otherwise required by subsection 4.

4. If an owner:

     (a) Receives a notice pursuant to subsection 2;

     (b) Fails to remove or cause the vehicle to be removed within the 30-day period set forth in that notice; and

     (c) Does not submit an affidavit as described in subsection 3,

the Department shall suspend the registration of each vehicle currently registered to the owner pursuant to chapter 482 of NRS. For the purposes of this subsection, the determination of the sheriff's office or other law enforcement agency that notified the Department pursuant to paragraph (b) of subsection 1 is conclusive as to whether the abandoned vehicle was removed within the 30-day period.

5. If the registration of a vehicle is suspended pursuant to subsection 4, the Department shall reinstate the registration upon receipt from the registered owner of the vehicle of:

     (a) An affidavit setting forth that the registered owner caused the removal and disposition of, or proof that the registered owner paid the cost of removal and disposition of, the vehicle discovered abandoned upon public lands; and

     (b) If applicable, proof that the registered owner redeemed any lien placed pursuant to NRS 487.270 on the vehicle discovered abandoned on public lands.

6. If a sheriff's office or other law enforcement agency is notified by a person or another governmental entity that a vehicle has been abandoned on public lands, the sheriff's office or other law enforcement agency shall, insofar as practicable and authorized by law, inform the person or entity making such notification of the actions taken by the sheriff's office or other law enforcement agency pursuant to this section.
 
Nev. Rev. Stat. Ann. § 487.240.  
Appraisal of removed abandoned vehicle.

Upon receipt of a written request, the state agency shall have the vehicle appraised within 10 business days after receipt of the request.
 
Nev. Rev. Stat. Ann. § 487.250.  
Required notices.

1. The state agency or political subdivision shall, within 48 hours after the appraisal, notify the head of the state agency of the removal of the vehicle. The notice must contain:

     (a) A description of the vehicle.

     (b) The appraised value of the vehicle.

     (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.

2. The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

3. Failure to reclaim within 15 days after notification a vehicle appraised at $ 500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

4. If all recorded interests in a vehicle appraised at $ 500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency, except as otherwise provided in subsection 3 of NRS 487.100, shall issue a salvage title pursuant to NRS 487.810 to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of title to the garage owner if the garage owner elects to retain the vehicle and the vehicle is equipped as required by chapter 484D of NRS.
 
Nev. Rev. Stat. Ann. § 487.260.  
Disposition of vehicles appraised at value exceeding $ 500; disposition of junk vehicles; junk certificates; duties of automobile wreckers; maintenance of certain records.

1. If the vehicle is appraised at a value of more than $ 500, the state agency or political subdivision shall dispose of it as provided in NRS 487.270.

2. If the vehicle is appraised as a junk vehicle, the Department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.

3. An automobile wrecker who possesses a junk certificate for a junk vehicle may process the vehicle for parts or scrap metal pursuant to NRS 487.105.

4. A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the seller's endorsement on the certificate. Except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall immediately affix the business name of the automobile wrecker as purchaser to the first available space provided on the reverse side of the certificate. For the purposes of this subsection, such an automobile wrecker is the owner of the junk vehicle.

5. If insufficient space exists on the reverse side of a junk certificate to transfer the vehicle pursuant to subsection 4, except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a junk vehicle for which a junk certificate has been previously issued shall, within 10 days after purchase, apply to the Department for a new junk certificate and surrender the original certificate.

6. A person who sells a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. The person shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.

7. An automobile wrecker who processes a junk vehicle for parts or scrap metal shall maintain records as required by NRS 487.170.

8. As used in this section, "junk vehicle" means a vehicle, including component parts, which:

     (a) Has been discarded or abandoned;

     (b) Has been ruined, wrecked, dismantled or rendered inoperative;

     (c) Is unfit for further use in accordance with the original purpose for which it was constructed;

     (d) Is not registered with the Department or has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and

     (e) Has value principally as scrap which does not exceed $ 200.
 
Nev. Rev. Stat. Ann. § 487.260.  
Disposition of vehicles appraised at value exceeding $ 500; disposition of junk vehicles; junk certificates; duties of automobile wreckers; maintenance of certain records.

1. If the vehicle is appraised at a value of more than $ 500, the state agency or political subdivision shall dispose of it as provided in NRS 487.270.

2. If the vehicle is appraised as a junk vehicle, the Department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.

3. An automobile wrecker who possesses a junk certificate for a junk vehicle may process the vehicle for parts or scrap metal pursuant to NRS 487.105.

4. A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the seller's endorsement on the certificate. Except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall immediately affix the business name of the automobile wrecker as purchaser to the first available space provided on the reverse side of the certificate. For the purposes of this subsection, such an automobile wrecker is the owner of the junk vehicle.

5. If insufficient space exists on the reverse side of a junk certificate to transfer the vehicle pursuant to subsection 4, except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a junk vehicle for which a junk certificate has been previously issued shall, within 10 days after purchase, apply to the Department for a new junk certificate and surrender the original certificate.

6. A person who sells a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. The person shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.

7. An automobile wrecker who processes a junk vehicle for parts or scrap metal shall maintain records as required by NRS 487.170.

8. As used in this section, "junk vehicle" means a vehicle, including component parts, which:

     (a) Has been discarded or abandoned;

     (b) Has been ruined, wrecked, dismantled or rendered inoperative;

     (c) Is unfit for further use in accordance with the original purpose for which it was constructed;

     (d) Is not registered with the Department or has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and

     (e) Has value principally as scrap which does not exceed $ 200.


Nev. Rev. Stat. Ann. § 487.270.  
Lien on abandoned vehicle; costs and fees included in lien; satisfaction of lien; transmission of fee to constable under certain circumstances.

1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for:

     (a) The costs of towing and storing for a period not exceeding 90 days; and

     (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.

2. If the vehicle is appraised at a value of $ 500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

3. If the vehicle is appraised at a value of more than $ 500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive. Before such a person may sell the vehicle, the person shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

4. If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.
 
Nev. Rev. Stat. Ann. § 487.281.  
Unlawful abandonment of vehicle.

1. A person shall not abandon a vehicle upon any public highway or road.

2. A person shall not abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
 
Nev. Rev. Stat. Ann. § 487.290.  
Unlawful possession of unregistered vehicles unfit for use; exceptions.

1. Unless the person first obtains a license pursuant to NRS 487.050 or 487.410, a person shall not for any reason keep more than two unregistered vehicles on real property owned by or under possession or control of the person if the vehicles are no longer intended for or in condition for lawful use on the highway.

2. The provisions of subsection 1 do not apply to:

     (a) Premises used by a licensed dealer, manufacturer, distributor or rebuilder.

     (b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

     (c) Premises used as a farm, ranch, mine or repair shop for motor vehicles.

     (d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.


Nev. Rev. Stat. Ann. § 487.300.  
Penalty.

Every person who violates any provision of NRS 487.281 or 487.290 is guilty of a misdemeanor.
 
Nev. Rev. Stat. Ann. § 107.120.  
Board of county commissioners or governing body of incorporated city may establish by ordinance registry of abandoned residential property. 

1. A board of county commissioners or the governing body of an incorporated city may establish by ordinance:

     (a) A registry of abandoned residential property that contains information concerning abandoned residential property located in the county or city.

     (b) A registry of residential property located in the county or city that may be in danger of becoming abandoned residential property.

2. If a beneficiary of a deed of trust, the successor in interest of the beneficiary or the trustee includes with a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 the affidavit and certification described in subsection 6 of NRS 107.130 and the county or city in which the abandoned residential property is located has established a registry of abandoned residential property, the beneficiary or its successor in interest or the trustee must submit a copy of the affidavit and certification to the entity maintaining the registry for the county or city in which the abandoned residential property is located.

3. If a beneficiary of a deed of trust, the successor in interest of the beneficiary or the trustee receives a copy of the affidavit described in subsection 7 of NRS 107.130, the beneficiary or its successor in interest or the trustee must notify the entity maintaining the registry for the county or city in which the property described in the affidavit is located. Upon receiving such a notification, the entity maintaining the registry must remove the property from the registry.

4. If a property which has been removed from a registry established pursuant to this section subsequently becomes abandoned residential property or in danger of becoming abandoned residential property, the property may be added to the applicable registry in accordance with this section or the requirements established for the registry by the board of county commissioners or the governing body of an incorporated city.