Do I need to file eviction for remaining tenant belongings after lease ends?

Question

I'm a landlord whose tenant's lease ends on 3/31/2025. She vacated the property early, leaving many belongings behind. Despite contact, she's refused my terms for retrieving her items and threatened police involvement. Only some belongings have been picked up via a third party. The tenant’s partner, still residing in the property, pays rent but will move out at lease end. Due to their separation and military orders, he avoids contact with her and won't move her belongings. Unclaimed items include furniture, toys, and clothing, of high value but not crucial importance. I've outlined terms for item retrieval via text, requiring the tenant's partner’s absence during pickup, and presence of my parents on-site to prevent conflict. Should I file for eviction to remove remaining belongings, or handle this differently given my setup?

James L. Arrasmith · Answer

When a tenant leaves belongings behind after moving out, you generally don't need to file for eviction since the lease is ending naturally. Instead, most states have specific abandoned property laws that require landlords to provide written notice to former tenants about their items and store them safely for a designated period (typically 15-30 days). This notice should detail how and when they can retrieve their belongings, along with what will happen if they don't. 
 
Since you've already attempted communication and established terms for retrieval, document all these efforts with dates and times. Take detailed photos and create an inventory of the remaining items to protect yourself from potential claims of property damage or theft. Your decision to have your parents present during pickup shows good judgment in preventing conflict, though you might consider having a neutral third party present instead. 
 
Before disposing of or selling any abandoned property, consult your state's specific landlord-tenant laws, as procedures vary significantly by location. You may be required to hold an auction for valuable items after the waiting period expires or donate/dispose of items under a certain value threshold. Given the high value of the items and the complicated relationship dynamics involved, consulting with a local attorney familiar with rental property law would be worthwhile to ensure you follow proper procedures and protect yourself from potential legal issues.

Q: Do I need to file eviction for remaining tenant belongings after lease ends?