Legal Question in Landlord & Tenant Law in California

A tenant as left personal property after moving out. In California, do I have to keep this property or can it be discarded. This is after he was notified to move and him giving me a date of vacating the property


Asked on 2/19/10, 6:12 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

You have to notify the tenant by mail or other means per Civil Code section 1983 that you believe his/her property has been left behind or abandoned. Look it up on the internet, you might get the language you need. The notice must describe the property sufficiently to identify it, and any property not described well may subject you to liability if it goes missing. You're protected from liability if you adequately describe the property. You are not required to open trunks or lockers or luggage. The Code also provides a form of notice in section 1984. If the tenant left voluntarily or asked that the property be returned, you don't have to provide any notice. The notice should give the tenant 15 days to reclaim the property if the notice is served personally. If the notice is mailed, they get 18 days. The notice should also set forth storage costs that the tenant will pay if he doesn't reclaim the property. If the property is worth less than $300, you may dispose of it after the notice period expires. Good luck.

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Answered on 2/24/10, 8:31 am
Robert F. Cohen Law Office of Robert F. Cohen

There's a good discussion at http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml .

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Answered on 2/24/10, 10:24 am


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