Can my landlord throw my personal property away within 2 days of my moving out even though I was coming back to retrieve them?

UPDATED: Aug 4, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my landlord throw my personal property away within 2 days of my moving out even though I was coming back to retrieve them?

Moved out on Sunday signed move out papers, tried to contact her Monday and Tuesday with no answer. Finally got a hold of Wednesday and she stated she threw it all away. Which is a lie because there were numerous new items with tags, new automobile tires, etc. So what do I need to do?

Asked on August 4, 2011 Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of most states, when a tenant vacates a rented unit and leaves behind property, the landlord is obligated to send written notice to the former tenant's forwarding address about the "abandoned" property needed to be picked up at the former rented unit and if not picked up, the landlord will proceed as allowed by statute to remove the belongings within a stated period of time under state law.

Your former landlord moved too quick in discarding you property within two days of move out. Most statutes give 15 days from the notice's date forthe former tenant to retrieve the items left behind. Also, if the items are estimated to be worth over a certain dollar amount ($300.00 as an example) the items cannot be thrown away. They need to be auctioned off typically with notice to you.

Your former landlord owes you the value of the items thrown away.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption