Overview of Eviction

Landlords may never personally remove a tenant from a rental unit, and must instead pursue an eviction. An eviction is a court process that orders the tenant out of the premises on a specified date, typically with the assistance of a sheriff. The action is brought by a landlord based on either a violation of the lease agreement, or for other grounds permitted under state law.

Storage Requirements

If a tenant leaves property in the rental unit after he has been ordered out through an eviction, the landlord may not immediately retain, dispose of, or sell the assets. Instead, most states require that the landlord safely store the items for a period, which may be three to 30 days, depending on the state. The landlord also must provide the tenant with reasonable access to his property. This can vary from case to case, but as a general rule, if a tenant requests to see his property a landlord cannot refuse.

Notice of Storage

While the landlord is storing the tenant's property, some states require that he take steps to locate the tenant. For instance, Nevada requires that if the tenant can be located with reasonable efforts, a landlord must provide the tenant with written notice before the property is kept or sold. After providing notice, the landlord must wait an additional two-week period. Other states, including New Mexico, do not have a notice requirement.

Disposition of Personal Property

After the time period storage and notice has elapsed, the landlord is generally free to retain or sell the property. Generally, the property may only be used to satisfy reasonable out of pocket expenses incurred during the storage process. Typical costs include inventorying, moving, and storage unit fees. Any value in the property above these amounts must be returned to the tenant. Most states prohibit a landlord from selling or retaining property to pay back the costs of the eviction or back rent, unless the landlord has obtained a specific court order. If a tenant believes that the amount charged is unreasonable or that property is being improperly retained, he may bring an action against the landlord in court.