Legal Question in Landlord & Tenant Law in California
can i legally claim ownership of abandoned personal property
i leased a cottage with a 1 year lease, at the time i signed lease the owner had informed me that the old tractor in back yard belonged to former tenant & the former tenant was supposed to remove the tractor along with the camper for a truck soon & if the former tenant did not remove it and i wanted the items removed i was free to do what i wanted to with the items as i wished and that he (the landlord ) had no need or desire to have to deal with having the items removed) i have now been here 10 months and a friend of mine wanted the tractor so my question is can i legally get rid of the tractor and if yes then how do i go about do so?
2 Answers from Attorneys
Re: can i legally claim ownership of abandoned personal property
California has a detailed process for landlord's to dispose of abandoned property. That process includes notice to the former tenant and public sale of property if valued at more $300. Failure to follow these procedure potentially exposes that landlord to actual damages. I'd recommend that you landlord review Civil Code 1965, et seq.
If the landlord decides to forego this process and simply allows you to take the property, the question is whether you have any liability? I am not aware of any law directly on point. However since you are not a "good faith purchaser for value" (i.e. you're getting the items free
Re: can i legally claim ownership of abandoned personal property
California has a detailed process for landlord's to dispose of abandoned property. That process includes notice to the former tenant and public sale of property if valued at more $300. Failure to follow these procedures potentially exposes that landlord to actual damages. I'd recommend that you landlord review Civil Code 1965, et seq.
If the landlord decides to forego this process and simply allows you to take the property, the question is whether you have any liability? I am not aware of any law directly on point. However since you are not a "good faith purchaser for value" (i.e. you're getting the items for free and are aware of their �abandoned� status), you may very well be required to reimburse a former tenant for the value of the property under an equitable theory.
My recommendation is to make sure the landlord follows the procedures referenced above for abandoned property.
[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
