Legal Question in Landlord & Tenant Law in California
My roommate has not lived in my apartment for a month and a half. She has not payed and will not pick up the last couple boxes of her things. I have contacted her and asked to pick them up several times. Can I throw them out or donate them? If I don't get rid of the things before my lease is up, I will be charged for having her things in the apartment.
1 Answer from Attorneys
You have a situation referred to as "abandoned property," and must comply with the same rules that a landlord would if he evicted a tenant and the tenant left property behind. Review California Code of Civil Procedure � 1174 for the procedures for disposing of the property. You cannot simply throw it away or give it to a charity, or you could be liable for damages to your former roommate. You need to review 1174, follow the procedure then you can dispose of the property. You are correct - do not leave it when you move, or you could actually be liable to the landlord AND your roommate. It's not fair, but it is a part of living with a roommate.
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