Legal Question in Real Estate Law in California

I am a landlord

What should do if the tenant did not return the keys and did not give a 30 days notice ?


Asked on 2/12/08, 8:25 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: I am a landlord

You can prepare a Notice of Belief of Abandonment. It should state: 1) Minimum of unpaid rent (must be at least 14 days); 2) That you reasonably believe the place is abandoned (not just temporarily vacant); 3) The date of termination of the lease. It may also contain notice concerning right to reclaim personal property -- see Civil Code �1983. The notice must be either delivered personally to the tenant or mailed by first-class mail to the tenant's last-known address and, if possible, any other address where you reasonably believe the tenant would receive it (such as workplace). Cautious landlords would send both by certified return-receipt and first-class mail. That way if it's refused, at least the first-class letter would get there.

The date of termination in the notice would be at least 15 days from date of the notice if personally served, or 18 days if mailed. After that time, you can go in, unless the tenant provides a response denying abandonment.

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Answered on 2/13/08, 9:44 am


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