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Abandoned Property
How long must I keep my tenant's belongings after they left?

How long must I keep my tenant's belongings after they left?

Full question:

My tenant left without any notice some 10-15 days ago. My tenant’s few personal belongings are still there on my property. I want to rent my house to new tenants but before that, I need to get rid of my previous tenant’s property. For how long should I keep his property before I can throw them out of my house?

Category: Abandoned Property
Subcategory: Landlord Tenant
Date: 04/07/2025
State: New Mexico

Answer:

A tenant is considered to have abandoned the rental property if they leave for more than seven consecutive days without notifying the landlord. Since your tenant left 10-15 days ago, it can be presumed that they have abandoned the property.

You must store the tenant's belongings for at least thirty days. After this period, you can send a written notice to the tenant informing them of your intent to dispose of their property. This notice should provide at least thirty days for them to retrieve their belongings.

According to N.M. Stat. Ann. § 47-8-34.1, the notice must include a contact number and address for the tenant to reach you. You must also allow reasonable access for the tenant to collect their property before the disposal date. If they do not claim their belongings by that date, you may dispose of them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you leave stuff when you move out?

If you leave personal belongings behind when moving out, the landlord may consider them abandoned. In many states, landlords are required to store these items for a specific period, typically 30 days. They must also notify you of your belongings and provide a chance to retrieve them. If you do not claim your items within the notice period, the landlord can dispose of them. It's important to check your state's laws for specific requirements regarding abandoned property.

Is it okay to leave stuff behind when you move?

Leaving items behind when you move is generally not advisable. It can lead to complications, such as the landlord considering your belongings abandoned. If you must leave items, communicate with your landlord to avoid misunderstandings. They may have specific procedures for handling abandoned property, including storage and notification requirements.

What if my tenant leaves without notice?

If a tenant leaves without notice, you may consider the property abandoned if they have been gone for more than seven consecutive days. You should then follow your state's laws regarding abandoned property, which typically require you to store the tenant's belongings for a certain period, often 30 days, and notify them of their items before disposal.

What happens if I leave stuff in my apartment when I move out?

If you leave belongings in your apartment after moving out, the landlord may treat them as abandoned. They are usually required to store your items for a specified period, often 30 days, and must notify you about your belongings. If you do not retrieve them during this time, the landlord can dispose of them according to state laws.

What is considered abandonment of a rental property?

Abandonment of a rental property typically occurs when a tenant vacates the premises without notice and leaves personal belongings behind. In many states, if a tenant is absent for more than seven consecutive days without informing the landlord, the property may be deemed abandoned. Landlords must then follow legal procedures for handling any remaining belongings.

How long can a tenant leave their belongings?

A tenant can leave their belongings for a limited time, but if they are absent for more than seven consecutive days without notice, the landlord may consider the property abandoned. Most states require landlords to store abandoned belongings for at least 30 days and notify the tenant before disposal. Always check local laws for specific timeframes and requirements.