Legal Question in Landlord & Tenant Law in California

My roommate moved out two months ago, leaving almost $750 worth of personal belongings. She still owes me $900 for rent. I have called, emailed, texted her and she insists she will be coming by to pick up her belongings as well as give me back the key to my apartment and the parking pass. She has not showed up once. I had a new roommate move in a month ago. How long do I need to store her belongings when it is clear that she is avoiding picking them up because she knows how much money she owes me?


Asked on 8/11/10, 1:08 pm

1 Answer from Attorneys
Aimee Morris

I need to know more. Did your roommate rent from you or from your landlord? If you were her landlord, then you need to send her a Notice to Tenant of Right to Reclaim Abandoned Property pursuant to Civil Code section 1984. At attorney can help you with that notice. If she rented from your landlord, your landlord should send her that notice.

If within 18 days of mailing her this notice, she fails to respond to it, then the property may be disposed of pursuant to Civil Code section 1988.

If she fails to reclaim the property, if the property is valued at or greater than $300, the property must be sold at a public sale after notice of the sale has been given by publication in a newspaper of general circulation. If the property is worth less than $300, the property could be kept, sold, or destroyed without further notice if she fails to reclaim it. You could still charge the roommate the reasonable cost of storage for her property no matter the value of the property. You should contact an attorney to help you with this matter. The charge should be minimal. Call Aimee Morris at 619-991-0548.

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Answered on 8/27/10, 11:24 am


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