Abandoned Property Laws in Tennessee 2025
What landlords must do with personal property left behind after eviction or abandonment, under Tenn. Code Ann. § 66-28-405
30-day notice; landlord may sell or dispose of property after notice period.
When a Tennessee tenant clears out but leaves belongings behind, you cannot simply toss them. In the state's larger counties, the process is spelled out in Tennessee Code Annotated § 66-28-405, part of the Uniform Residential Landlord and Tenant Act (URLTA). It tells you when the law treats a unit as abandoned, what notice you owe, how long you must store what's left, and how any sale money is applied. There is no federal statute on this, abandoned-property handling is purely state law, so the exact steps depend on which Tennessee county your rental sits in.
Step-by-Step: Handling Abandoned Property in Tennessee
Follow these steps precisely to protect yourself from liability under Tenn. Code Ann. § 66-28-405:
- Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
- Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under Tenn. Code Ann. § 66-28-405, you must give 30 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
- Secure the property during the notice period. While storage is not legally required in Tennessee, keeping items in a secure location establishes a clear paper trail and protects potentially high-value items from claims of damage or disappearance.
- Assess the property. Even without a statutory value threshold, document estimated values for each item. If items appear potentially valuable, consider a public sale to maximize recoverable costs and minimize dispute risk.
- Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
- Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.
Does this statute even apply to your rental?
URLTA, including the abandonment rules in § 66-28-405, only governs residential rentals in Tennessee counties with a population greater than 75,000 according to the 2010 federal census. That covers the state's population centers, among them Shelby (Memphis), Davidson (Nashville), Knox (Knoxville), Hamilton (Chattanooga), Rutherford, Williamson, Montgomery, Sumner, Wilson, Blount, Sevier, Washington, Sullivan, Bradley, Madison, Maury, Anderson, Greene, and Putnam counties. If your property is in one of the many smaller counties below that threshold, URLTA does not apply and you fall back on Tennessee common law, which has no fixed statutory timeline, making it especially important to build clear abandonment and disposal terms into your lease and to seek local legal guidance before disposing of anything.
When Tennessee law treats a unit as abandoned
The statute gives you two independent ways to establish abandonment as prima facie (presumed) evidence. First, an unexplained or extended tenant absence of 30 days or more without paying rent as due is enough on its own. Second, and faster, 15 days of unpaid rent past the due date combined with other reasonable circumstances that show the tenant has permanently left, such as removing substantially all of their possessions, or voluntarily shutting off utility service to the unit. The 15-day path is quicker but requires those corroborating facts; nonpayment alone at 15 days is not enough. Document what you observe: photos of an empty or near-empty unit, a shut-off utility notice, returned mail, or an unresponsive tenant.
The notice you must post and mail
If you rely on the 15-day route, you must give notice before reentering. The statute requires you to post the notice at the rental premises and also mail it to the tenant by regular mail, postage prepaid, at the rental address. The notice must state that you believe the premises are abandoned, that you intend to reenter unless the tenant contacts you within 10 days of the posting and mailing, that you will then remove and store any belongings and re-rent the unit, and that you will dispose of the property if it is not reclaimed within 30 days of your taking possession. Skipping either the posting or the mailing, or acting before the 10 days run, exposes you to a wrongful-disposal claim.
Storing, then selling or disposing of the property
Once abandonment is established under either route, you must remove the tenant's belongings and store them for not less than 30 days. The tenant has the right to reclaim their possessions during that 30-day window. Only after the 30 days pass may you sell or otherwise dispose of what remains. Keep the property reasonably secure while it's stored and keep records of storage costs, because those costs are recoverable from any sale.
How sale proceeds are applied, and the six-month surplus rule
Money from a sale is not simply yours to keep. The statute applies proceeds in a set order: unpaid rent, then damages, then storage fees, then sale costs, then attorney's fees. If anything is left over after those deductions, you must hold that surplus for 6 months after the sale so the former tenant can claim it. Track the math carefully, misapplying proceeds or pocketing a surplus during that six-month window is where landlords most often create liability for themselves.
Related Guides for Tennessee Landlords
This overview reflects Tennessee Code Annotated § 66-28-405 and the URLTA application provisions at § 66-28-102 as in force in 2026. County population thresholds are set against the 2010 federal census as the statute specifies. It is general information for landlords, not legal advice; abandonment, notice, and disposal steps carry real liability, and the rules differ sharply between URLTA and non-URLTA counties. Confirm the current statute and consult a Tennessee attorney before removing or selling any tenant property.
Frequently Asked Questions
How long must a Tennessee landlord store abandoned property?
Under TCA § 66-28-405, you must store the tenant's belongings for not less than 30 days, during which the tenant may reclaim them. Only after that 30-day period may you sell or dispose of the property.
Does the abandoned-property statute apply everywhere in Tennessee?
No. TCA § 66-28-405 is part of URLTA, which applies only in counties with a population greater than 75,000 per the 2010 federal census, such as Shelby, Davidson, Knox, and Hamilton. In smaller counties, landlords follow Tennessee common law and should rely on clear lease terms and local legal advice.
When can I treat a Tennessee rental as abandoned?
Two ways qualify as presumed abandonment: an unexplained absence of 30 days or more without rent paid, or 15 days of unpaid rent combined with other signs the tenant has permanently left, such as removing most possessions or shutting off utilities.
What notice do I have to give before taking the tenant's belongings?
If you use the 15-day route, you must post notice at the premises and mail it to the tenant by regular first-class mail. The notice must give the tenant 10 days to contact you before you reenter and take possession.
How are proceeds from selling abandoned property applied?
Proceeds go, in order, to unpaid rent, damages, storage fees, sale costs, and attorney's fees. Any surplus must be held for the former tenant for 6 months after the sale.
Is there a federal law on abandoned tenant property?
No. There is no federal statute governing how a landlord handles a tenant's abandoned belongings. It is entirely a matter of state law, which in Tennessee means TCA § 66-28-405 in URLTA counties or common law elsewhere.
Statutory citation: Tenn. Code Ann. § 66-28-405. Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.