Legal Question in Landlord & Tenant Law in California

We have an 8 unit apartment complex with assigned garages. A tenant gained access to an unassigned garage space and moved his personal property in there. It has been two months and he has yet to move them out. We are in the process of renting out a unit with that garage space assigned to that unit. What it our recourse. Can we just move out his belongings? I gave him a letter stating that he needs to move the property at a certain date or it will be removed at his expense. He signed this letter. Pls. Advise.


Asked on 12/23/12, 7:53 am

2 Answers from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

No, you can not just move out his belongings. Contact county Sherriffs office and they will do the removal as well as assess a fee sent to the wrongdoer. Then, you can sue the person for the space X the time they occupied it.

Just don't touch the belongings yourself. Too much liability.

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Answered on 12/23/12, 7:58 am

I agee. The offending tenant is trespassing. As a former landlord, I would also recommend evicting the tenant if they will not remove the personal property from the garage. So give them a three-day notice to clear out the garage or quit. If they fail to remove their belongings after that, you not only will have better standing to have the sheriff remove the belongings but you will have the right to terminate their tenancy and evict them.

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Answered on 12/23/12, 10:47 am


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