Legal Question in Landlord & Tenant Law in California
Taking possession of rental unit
My tenant moved out without giving me the key. I understand that I cannot take possession until they turn in the key or 30 days after they vacated. Is this correct? Can I sue (in small claims court) for daily rental?
1 Answer from Attorneys
Re: Taking possession of rental unit
If you are sure the tenant moved out, and the apartment looks like it's been vacated and if the tenant owes any rent for more than 14 days, then post a Notice of Abandonment on the Door and mail it to the tenant. Wait 18 days, then take possession if you haven't heard from the tenant.
If the Tenant does not owe any rent, then wait 14 days, post the Notice of Abandonment, then wait another 18 days from the date of mailing the Notice of Abandonment. If you have not heard from the tenant within that time and resolved the situation, then change the locks and take possession of the unit. Good luck.
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