Legal Question in Landlord & Tenant Law in California

I rent out my California condo and recently went to court for the first time to have a tenant evicted for nonpayment of rent. At the hearing, we agreed to a date that tenant would leave as well as time to pay rent owed. Tenant departed on time, no writ of possession was issued, but he left some kitchen items behind that total under $300 in value.

I placed everything in a box in my garage, but want to be sure I am covering myself in regard to possession. I understand I need to send the tenant a Notice of Right to Reclaim Abandoned Property by first class mail to his current PO Box, as well as sending one copy addressed to the tenant at the rental unit that he vacated. The notice must include:

1. A list or description of the items being held.

2. The address of where the property may be claimed.

3. Give tenant a deadline (15 days) after which the property cannot be claimed.

4. Advise that I intend to give the items to charity if not claimed by deadline.

5. I will not be charging storage fees.

Am I missing anything here? Thank you for assistance.


Asked on 10/15/10, 2:59 pm

1 Answer from Attorneys
Shahram Miri Law Offices of Shahram Miri (408) 866-8382

Yes, you failed to include the following

"Because this property is believed to be worth less than $300, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above."

If you read California Civil Code Section 1984 (just google it), it will lay out the requirements.

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Answered on 10/20/10, 3:59 pm


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