If you have ever had a house guest that spent the night or a few people over for a gathering, you might have experienced someone leaving something behind.
Or maybe you went through a breakup, and your ex left some clothes in your closet. What do you do? If someone leaves something on your property, is it yours?
The law addresses this issue, and there are different abandoned property laws by state. However, the consensus is that items left behind on your property are likely to be abandoned.
You must legally do some things before you can dispose of it or consider it yours.
How Long Can Someone Leave Their Belongings on Your Property?
U.S. law presumes that property left behind by a tenant has been abandoned after a predetermined amount of time. It is possible for this period to last from one week to one year. During this time, if the property is still unclaimed, it may be disposed of or sold to collect storage fees.
The lease as well as state law will affect this. In general, we consider a window of time of around 30 days, with due notice to the tenant.
Technically, things can be left on your property indefinitely. Most states do not have a time limit except when it involves a landlord and a tenant. However, that does not mean there are no ways for you to get it moved. Every state has a set of guidelines for getting rid of abandoned property.
For example, in NC, New York, Michigan, Texas, SC, Georgia, Florida, Kentucky, Louisiana, Washington, Victoria, South Africa, UK, WA, Pennsylvania, Ontario, California, QLD, Oklahoma, PA, North Carolina, TN, Alabama, Arizona, Maryland, Idaho, Virginia; there are laws that govern how long someone can leave their belongings on your property.
What to do if someone leaves their stuff on your property?
What Attorneys want you to know
- Give the departing party a deadline to pick up their belongings by texting or emailing them. They have 60 days, so say.
- Call them if they don’t answer.
- Send them a certified letter to their current address if they don’t pick up their belongings or get back to you within 30 days.
All states have laws saying that a homeowner or property owner must contact the owner of the abandoned property before disposing of it. The words are different regarding what kind of notice is required.
Some do not have anything specific, while others say it must be in a written notice. When you contact the person, do it so you can prove it. You would not want them to claim you are responsible for replacing their belongings later.
What is Abandoned Property?
The definition of abandoned property is something left behind by an owner who has intentionally given up their rights to it. That is where the wording of the law confuses most people. If a guest spends the night at your house and leaves a pair of shoes behind, you might consider keeping them or donating them to a local thrift store.
However, they are not abandoned unless they specifically told you they left them and did not want them back. That is unclaimed property. You cannot get rid of it yet.
When it comes to landlords, most states have more straightforward laws. If your tenant moves out or you evict them, they have 14 days to collect all their belongings.
After that time, the landlord has a legal right to do whatever they want with it. That includes throwing it out, selling it, giving it away, or keeping it. If the owner returns after 14 days, they have no recourse for collecting.
What Are the Rules Regarding Abandoned Property?
If the property is truly abandoned, meaning the owner told you they no longer wanted it, you can do whatever you want with it. However, you should be able to prove that it.
And since most people will not write you a receipt when they leave stuff behind, it is better to go the safer route and treat it as something left behind or forgotten. Here are some general rules to follow.
Take Care of the Items
It seems strange that you should have to be responsible for taking care of things that are not yours. But if they become damaged and the owner returns, you could be accused of negligence.
Contact the Owner
Send a friendly email or a text to let them know you have something that belongs to them. Include a picture of the item, and make sure you save those messages. If you have their address, you could send them a certified letter so that you have a physical delivery receipt.
Follow Up
If you have not heard from the owner within a week, send another message as a follow-up. Remind them you have some of their property. You should say that it is the second time you have reached out and give them a deadline.
When you do hear back from them, set up a day and time to come to pick it up. If they do not come, and you do not get any more messages by then, you can consider the property abandoned and do what you want with it.
Are There Any Laws That Govern Abandoned Property?
You may wonder, “How long before something is considered abandoned?” The answer is that it can vary between one week and one year. There are laws in all 50 states concerning abandoned property. Most of them are specifically about landlords and how they must deal with things left behind by tenants when they move.
Generally, you must give the owner some kind of notice before doing away with their belongings. Some states say you must give them two weeks to 30 days to collect their things.
What Happens to Abandoned Property?
Once items get officially considered abandoned, the home or property owner can do whatever they want with them. Vehicles would most likely get sold. If it is junk, you could call in a scrap dealer to haul it away.
If there are items that have some value but very little use to them, they might call one of the many abandoned property dealers that do business around the country.
Also known as unclaimed baggage stores, these companies thrive off buying abandoned property and selling it at a deeply discounted price in one of their physical stores or online. They started popping up in the 1980s and 1990s.
These stores sold things that were lost and unclaimed by airlines and have grown in popularity since. Many of these stores become scheduled stops on vacations so shoppers can find deals on luggage, electronics, clothing, and more!
FAQs
If someone leaves something at your house how long until it is legally yours?
In most cases, personal property left in a residence for longer than thirty (30) days is not regarded as abandoned and does not become the property of the home’s owner.
You are required by law to call the renter or visitor and request that they pick up their unclaimed property as soon as possible.
What does it mean when someone leaves something at your house?
When someone leaves something at your house, it means they were either hiding something that did not belong to them or they trusted you with something precious or significant.
Some people may interpret leaving possessions at a crush’s house as a sign of commitment or intimacy, while others may interpret it as having very little meaning.
The proper course of action in such a circumstance is to call the person who left it and get additional information about the item.
When does personal property become abandoned?
When personal property is discovered in a location where its genuine owner meant to leave it but it is in such a state that it is clear the owner has no intention of coming back to collect the item, the property is typically seen as having been abandoned.
Conclusion
If someone leaves something on your property, you might think you have just scored something for free. However, laws exist designed to protect people from losing their belongings simply because they forgot them.
Check the laws in your state regarding abandoned and unclaimed property. If you get accused of not taking proper care of the items or failing to follow the legal process, you could be held responsible for the value lost. Hold on to it for the set time, and send notices as needed to be sure you are protected.
Final Thoughts on How Long Can Someone Leave Their Belongings On Your Property
In a nutshell, some of the questions you may ask yourself could include:
- If someone leaves something at your house when does it become yours?
- How long can someone leave their belongings at your house?
- If someone leaves something on your property is it yours?
If someone leaves something at your house when does it become yours?
When something is purposefully left behind, nobody owns it until it is found. The title (ownership) passes to the person who discovers it and has it in their possession with the intent to claim ownership when it is found.
If someone leaves something on your property is it yours
Personal belongings that have been abandoned or misplaced will typically be given to the finder. If the item is discovered at the owner’s occupied home, this is not true. If an employee discovers anything while working for the company, the item is the employer’s property.
Resources:
Abandoned Personal Property Laws (link)
How do I legally get his stuff removed from my house? (link)