General information, not legal advice. This template is a starting point. Laws differ by state and city, so have a licensed attorney review your final document before you use it.
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The short version
- Abandonment rules come from state law, and many states set the notice wording, waiting period and storage duties.
- If you are not sure the tenant has left, do not treat the home as abandoned. Use the court process instead.
- Inventory and photograph belongings before moving them, and store them safely.
- Sell or dispose of items only after the state's notice period runs, and handle any sale money as the law requires.
What these notices are
When a tenant seems to have left without returning the keys, you are caught between two risks: waiting too long while the unit sits empty, or acting too soon and wrongfully evicting someone. Abandonment notices are how most states let you resolve that. The first notice tells the tenant you believe the home has been abandoned and gives them a deadline to say otherwise. The second deals with belongings left behind: what they are, where they are stored and how to claim them.
When to use them
- Notice 1: when rent is unpaid and the signs point to the tenant having left, but they have not returned possession.
- Notice 2: after the tenancy has ended, by notice, by court order or by a completed abandonment process, and belongings remain.
How to use the templates
- Look up your state’s abandonment and abandoned property rules: notice periods, delivery methods, storage duties, sale rules and what happens to proceeds.
- Serve Notice 1 to the tenant at the rental and any other known address, and wait the full period.
- Once the tenancy has ended, take photos and an inventory of every item, ideally with a witness.
- Store the items safely and serve Notice 2 with the claim deadline.
- Release, sell or dispose of items only as the law allows, and fill in the record page.
What to include
- The tenant’s name and every known address.
- The reasons you believe the home is abandoned.
- A response deadline that meets your state’s minimum.
- A clear inventory of belongings and where they are stored.
- How and by when to claim them, and any costs.
- What happens after the deadline.
Common mistakes
- Acting on a hunch. A tenant in the hospital or on a long trip has not abandoned the home.
- Throwing everything out before the notice period ends.
- No inventory or photos, which leaves you exposed to claims for lost items.
- Keeping sale money that the law says belongs to the tenant or the state.
Records in TenantLoop
Notices and messages you send in TenantLoop stay on the tenant record with the date sent. Inspection photos and videos are stored on each item, and every inspection and work order has its own Files tab, which is a good home for the inventory and photos this process calls for.
What is in the template
Two notices for a tenant who seems to have left: a notice that the landlord believes the home was abandoned, and a notice listing belongings left behind, where they are stored and how to claim them before the deadline.
- Notice 1: Notice of belief of abandonment
- Notice 2: Notice of right to reclaim property left behind
- Record of what was done
Read the whole abandonment and abandoned property notices template
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General template, not legal advice. Have an attorney in your state review before use.
Using this template. Have a local attorney check it.
How do I know a rental is abandoned?
Signs include unpaid rent, utilities shut off, belongings removed, mail piling up, neighbors reporting the tenant left, or the tenant telling you so. Many states define abandonment by a combination of unpaid rent and absence for a set time.
Can I change the locks right away?
Only when the tenancy has clearly ended, such as after keys are returned or the state's abandonment process is complete. Changing locks on a tenant who has not left is an illegal lockout in every state.
How long do I have to store belongings?
It depends on the state, from a few days to several weeks after notice, and sometimes on the value of the items. Some states let you dispose of items that are clearly trash right away.
Can I charge storage costs?
Many states let landlords recover reasonable moving and storage costs before releasing items. Check whether your state allows it and how.