Legal Question in Real Estate Law in California

Abandoned property after close of escrow

My husband and I just closed escrow on our first home on Thursday. The seller notified us on Thursday that she was unable to move yet, so we entered a contract for her to remain on the property until Monday 5pm. By Tuesday AM, she had moved all her belongings out of the house but had left many boxes in the garage and yard. At that time she told me verbally that she would be back that day to collect the rest of her belongings. Workers and my husband were at the property all day. She never returned and never contacted us or our realtor. At 5pm Tuesday, due to fragile construction happening in the home, my husband rekeyed all the property locks and left a note on the front gate with his number, directing the seller to contact him to obtain access. We notified her realtor of the situation. We still, two days later (Thursday) have not heard from the seller. Is the property abandoned? What are our rights for disposal or moving them?


Asked on 10/07/04, 7:09 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Abandoned property after close of escrow

Since you rented to the former owner, even though briefly, she would come under the heading of an ex-tenant, and (I believe) you must treat her left-behind belongings according to the tenant property provisions of the Civil Code, sections 1980-1991. I suggest you look them up, noting sections 1983 and 1984 in particular.

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Answered on 10/07/04, 8:03 pm


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