Legal Question in Landlord & Tenant Law in California

In the state of Califonria, when a tenant volutarily moves out before there lease is up and leaves personal belongings behind in the unit, how long is the landlord responsible for storing them?


Asked on 7/08/11, 12:12 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

In California, anything that is not objectively "trash" is considered personal property belonging to the tenant. That, in turn, triggers two different scenarios. First, there is a situation where after moving out and surrendering possession (or being evicted), the tenant wishes to recover property they left behind. That is governed by California Civil Code � 1965. The requirements are too long to repeat here, but if you search online for that code section, it is pretty clear what you are entitled to before returning the possessions to the tenant.

If, however, you believe it has been abandoned (left forever) then you must give certain notices before you dispose of the property. That also means you must store the goods until the notices expire. See California Civil Code � 1980 - 1991 for the various requirements, as they too are too long to post here on this forum. It is truly a pain in the rear, but to be fully compliant, you must - must follow this procedure or risk being liable to the tenant for whatever they can prove the value to be in Court.

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Answered on 7/11/11, 2:35 pm


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