Legal Question in Real Estate Law in California

Re: abandonment of household properties

I assume this is a landlord-tenant context. When a tenant seems to have abandoned his leasehold, but has left behind personal articles, the landlord should follow the procedures outlined in Civil Code sections 1951.3 and 1951.7.

Once an abandonment of the leasehold is established, you then deal with the property under Civil Code sections 1980-1991. Note that if the property is reasonably valued at $300 or more the procedure requires an advertised sale. The notice forms are shown in the Code. The (former) tenant can reclaim the property up until a sale, but the tenant must pay the reasonable cost of storage. See Civil Code section 1987(a).

You can read the Codes on line or at most public libraries, including the designated law library in each California county. These procedures are also spelled out in somewhat simplified terms in many self-help "law" books on how to be a landlord, tenants' rights, etc.

Re: abandonment of household properties

Sometimes it is obvious that the stuff is truly abandoned. Lot of broke stuff and placed in a disorganized pile either in a corner or strewed about. Then simply throw it out. However, take a lot of pictures of the condition in which the property was left and the condition of the property. If it looks like the owner will return to reclaim it. The landlord (by law) is to inventory the property. Store it somewhere, and notify the owner at the owners last known address. Again pictures are very helpful. There's a couple of sections in the Civil Code that apply. However, after fifteen days, I'd give them 25 days to be safe, you may dispose of the property. The letter should be sent with a return receipt required. And the mailing address may be the one the tenant abandoned. If that is the best address the landlord has. If the tenant shows up to reclaim his/her property. Then a charge for the storage may be charged to the tenant before the tenant may recover his/her property.