It goes to state law as to what your obligations are to what is likely to be considered “abandoned property.” In the state of Massachusetts, the landlord has the obligation to get a certificate of occupancy from the local inspection authorities before the place can be rented to new tenants. The inspectors will require the landlord to assume responsibility for the establishment’s cleanliness and safety levels in order to get this certificate. That would include clearing out all the past tenant’s belongings. If not stated in the lease, itself, the authorities will become involved, at the request of either the landlord upon the removal/ moving out of the current tenants, or the new tenants to take up residency. This, of course, is to insure the protection of all parties involved.
Remember, however, that the term “abandoned property” is based on laws and property codes within state laws. So all of this is dependent on what state the property is in.
In Texas, for instance “abandoned property” cannot usually be rightfully claimed as such for 3 years. That’s a very long time to have to hold onto someone else’s trash or treasures. And, too…if you can claim storage fees after than time, what’s to say the original owner of that property is in any better financial situation to come up with the money to pay back for your storing of his or her stuff all that time?
It’s simply best to provide some clause in your original lease for signing by a new tenant that provides for this sort of instance, so that if it does arise, you’re already within your rights and meeting your obligations. For, in the court of law, that’s what it ends up being about, who’s got the most ducks in a row.
So let it be you that’s lined them up all nice and neat for the judge and court to see. They’re much more likely to see your side of things when you have it all in writing and covered all your bases.