As a landlord in California, dealing with abandoned property left by tenants is an unfortunate yet common reality. Sometimes, a tenant who abruptly leaves or leaves behind unwanted items can create significant challenges, but knowing how to respond effectively can save you time, money, and legal complications.
In this article, we’ll walk you through the necessary steps to properly address abandoned property!
What is Considered Abandoned Property in California?
In California, abandoned property refers to personal items left behind by a tenant when they vacate the rental unit. While most tenants will take their belongings with them when they move out, there are certain scenarios in which property is considered abandoned.
- Termination of lease agreement: When a lease agreement is terminated, either through mutual agreement or for other reasons, the tenant is typically expected to vacate the property and remove all personal belongings.
- Tenant vacating without notice: If a tenant leaves the rental unit without providing the proper notice or communication, their property may be considered abandoned. In these situations, California abandoned property law allows landlords to take possession of the property, but they must follow specific steps for providing notice and offering the tenant an opportunity to retrieve their belongings.
- Non-payment of rent with no tenant communication: When a tenant stops paying rent and there is no communication from them regarding their intent to leave, their personal property may also be deemed abandoned.
According to Cal.Civ.Code §§1983-1989, the treatment of California abandoned property is governed by specific rules. These sections require landlords to provide notice to the tenant, store the belongings, and, if necessary, sell the items after a certain period.
Providing Notice to Tenants
The notice must include key information, such as a description of the items and the deadline for retrieval.
Legal Notice Requirements
Once a landlord determines that there is abandonment of personal property California remaining at the premises, he/she must provide written notice to the tenant and to any other person he/she believes to be the owner of the property.
The notice must describe the property in enough detail so that it can be identified, and it must advise the person that is notified that reasonable costs of storage may be charged before the property is returned.
The notice to remove personal property from premises California should be clear and thorough, ensuring that the tenant has all the necessary information to retrieve their belongings. It’s also important to note that California Civil Code §§ 1983-1989 governs these notice requirements.
For further details on handling security deposits and related fees in California, refer to this resource on California Lease Deposits and Fees.
Delivery Methods
In addition, the location where the property may be claimed, and the date before which the claim must be made should be in the notice. The date in the notice for claiming the property must be at least 15 days after the notice is personally delivered, or 18 days after being deposited in the mail.
Landlords can serve the notice in several ways, but the most common and acceptable methods include personal delivery or sending the notice by mail. Email notifications are also permissible as long as the tenant has agreed to receive notices electronically.
Storage and Release of Property
The landlord has the option to keep the California abandoned property in the unit that was vacated, or store the property in a place of safekeeping.
If the owner of the property or anyone believed to be the owner of the property pays the storage costs and takes possession of the property within the time frame specified in the notice, then the property is released with no further obligation from the landlord.
If the personal property is not released and the notice stated that the personal property would be sold at a public sale, then the landlord can release the abandonment of personal property California to the former tenant if it’s claimed prior to the time it is to be sold and pays the storage costs, advertising, and sale that were incurred prior to the time the property is withdrawn from sale.
Sale or Disposal of Abandoned Property
After a tenant's abandoned property has remained unclaimed, landlords must decide whether to sell it through a public auction or dispose of it directly. California law outlines these options, with clear rules based on the property’s value.
When to Sell or Dispose of Items?
Under California Civil Code § 1988, landlords must determine the total resale value of a tenant's abandoned property to decide the appropriate course of action:
- If the property is valued at $700 or less, the landlord is not required to conduct a public sale and may retain the property for personal use or dispose of it in any manner.
- On the other hand, if the total value of the abandoned property exceeds $700, the landlord must follow specific legal procedures, including conducting a public sale through competitive bidding.
Process for Selling Property
The process includes requirements for advertising the sale and notifying interested parties. The sale must be done through competitive bidding, and the landlord cannot simply dispose of the items.
The funds from the sale, after deducting storage, advertising, and sale costs, must be handled according to California abandoned property law, which mandates that any remaining balance be paid to the county treasury.
Disposal of Low-Value Items
Finally, after deducting the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant or another owner must be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale.
Still, the former tenant or other owner may claim the balance within one year from the date of payment to the county contacting the county treasurer or other official designated by the county.
Final Note
While California abandoned property may seem like a minor issue, it’s important for landlords to know the steps they must take under California law. By following the proper notification, storage, and disposal procedures in this article, landlords can safeguard their interests while ensuring compliance with the law.
