What to do if Tenants Leave Abandoned Property In Your Rental

May 13, 2025 | Insights | 0 comments

an image of abandoned property in a rental unit

As a landlord in Portland, it’s not uncommon to find yourself dealing with personal property that tenants leave behind after they move out. Whether the tenant skipped out on rent, left unexpectedly, or just didn’t bother to clean up, the question becomes: What are your legal rights and responsibilities regarding abandoned property?

Oregon law provides specific guidance on how to handle abandoned items, and following the proper procedures is critical. That’s because mishandling a former tenant’s property can open you up to legal risk. Let’s explore what you need to know, including how long you need to hold onto the property, whether you can charge tenants for costs, if you’re allowed to sell the property, and how to reduce the chances of these situations happening in the first place.

Step 1: Confirm That the Property Is Truly Abandoned

Not all situations where a tenant leaves property behind count as legal abandonment. Under ORS 90.425, a landlord can consider personal property abandoned if:

  • The rental agreement has ended,
  • The tenant has vacated or been removed (either voluntarily or via eviction), and
  • The landlord reasonably believes the tenant has left the property behind.

This law applies to personal property, which can include furniture, clothes, electronics, and sometimes even vehicles. However, it’s important to document everything. Take photos, inventory items, and keep records in case you’re later challenged by the tenant.

Step 2: Notify the Former Tenant

Oregon law requires you to send a written notice to the tenant and any known alternate contacts. The notice must include:

  • A description of the abandoned property.
  • A statement that the tenant has 15 days (from the notice’s mailing date) to claim the property.
  • An address or location where the tenant can retrieve it.
  • Any storage or removal costs the tenant must pay before reclaiming the property.
  • A statement that the landlord may dispose of the property if not claimed, including possible sale.

You must send this notice by first-class mail to the tenant’s last known address (and any forwarding address, if available). If the tenant left no forwarding address, mail it to the rental unit address.

Step 3: Hold the Property for 15 Days

Once notice has been sent, you’re legally required to hold onto the property for 15 days (or 45 days for certain personal papers like photos, passports, medical records, etc.). You must store the items safely but don’t have to go to extreme lengths—a locked garage or storage unit is generally sufficient.

However, if the tenant shows up within those 15 days and agrees to pay for reasonable removal and storage costs, they’re entitled to reclaim their belongings.

Step 4: Sell or Dispose of the Property

If the 15-day holding period passes with no contact, you may legally dispose of or sell the property. Here’s how that breaks down:

  • If the estimated value of the property is less than $1,000, you can dispose of it however you wish (trash, donation, etc.).
  • If the value is $1,000 or more, or the property includes titled vehicles or firearms, you must sell it at a public or private sale, giving written notice to the tenant (and lien holders, if any).

You can deduct costs associated with removal, storage, and sale from the proceeds. If there is money left over, you must attempt to return the remaining balance to the tenant. If you can’t locate the tenant within a year, you’re allowed to keep the funds.

Can You Seek Restitution for Cleanup Costs?

Yes—if the tenant returns to claim their items during the holding period, you can require them to pay for actual and reasonable costs of removal and storage before handing over the property.

Additionally, if the tenant caused damage to the rental or left the unit in poor condition, you may deduct the cost of cleanup, repairs, and disposal from their security deposit. Just be sure to follow the normal security deposit return procedure under Oregon law, which includes providing a detailed accounting within 31 days of lease termination.

Tips to Avoid Abandoned Property

Having to deal with abandoned property is a hassle, but it’s often avoidable. Here are some ways to reduce your risk:

1. Thorough Tenant Screening

Choose tenants who are responsible and communicative. Screening should include:

  • Credit checks.
  • Rental history (talk to previous landlords).
  • Employment verification.
  • Criminal background checks.

2. Clear Lease Language

Include a clause in your lease that explains what happens if a tenant leaves behind property. While you still have to follow state law, this can help set expectations and reduce confusion.

3. Move-Out Checklist

Do you have a move-out checklist to offer your renters when they decide to end their lease? It can help avoid abandoned property. The checklist should encourage renters to remove all personal belongings and clean the unit; a gentle reminder can go a long way.

4. Conduct a Pre-Move-Out Walkthrough

If possible, schedule a walkthrough before the lease ends. This gives you and the tenant a chance to identify any forgotten property and prevent problems before they occur.

5. Communicate Early and Often

If you suspect a tenant is preparing to abandon the unit (e.g., missed rent, lack of communication, signs of moving out), try to reach out early. A little communication can sometimes prevent a total ghosting situation.

Don’t Let Disrespectful Tenants Slow Your Business Down

Dealing with abandoned property is massively frustrating, especially when you just want to get the rental cleaned up for new tenants. However, Oregon law provides a fairly straightforward path for dealing with it legally and protecting your interests. The key is to follow each step—from providing proper notice to storing items for the right amount of time—and to document everything. And while there’s no guaranteed way to avoid this issue entirely, thorough screening and proactive communication can reduce the likelihood of it happening. When it does, stay calm, stay legal, and follow the process—and hopefully, your next tenant will be a better fit.

However, if you’re tired of dealing with tenants who don’t respect your property or time, working with Rent Portland Homes Darla Andrew’s Office takes the stress out of being a landlord. Our experienced team specializes in placing responsible, respectful tenants who treat your property like their own. With our local expertise and hands-on management style, you’ll enjoy steady income, fewer headaches, and peace of mind knowing your investment is in trusted hands. Contact our team and see how effortless owning rental property can be when you’ve got the right team behind you.