Legal Question in Real Estate Law in California

Personal Property Abandonment?

My father is a truck driver. He did not want to worry about his home, so he allowed a friend to move in with the intention of signing the house and loan over to them. No rental contract was ever signed since they were not suppose to be renting. They agreed to pay dads payments until the house was in their name. That was in 98/99. They never attempted to take over the house, but they did, twice that I know of, quit making payments. First time, Dad made payments and said if it happened again, they would be evicted. Second time, they moved out of house in April 2001, and left all their things. Dad was called by a neighbor and told house was empty. When he arrived home, he found the house filthy, he took pictures, and proceeded to clean. He lost 2 weeks of work and had to pay 6 months of back payments to keep the house from being repossed. They hid the finance collection notices. He found them when cleaning house. That was June 2001. The people that lived there never tried to claim their things or to contact him. Now, he is being ordered by Sheriffs office to release property. He told the Deputy when he gets home, they can come get it, but was told he had to come home now. What is his rights in this?


Asked on 8/17/01, 9:17 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Personal Property Abandonment?

It is not necessary that your father come home to return the furniture. He can hire someone to release the property to the owners. Returning the property is the cheapest out for your father.

He could sue them for the unpaid rent and cost of cleaning the house. However, realistically it is unlikely he will be able to collect the judgment.

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Answered on 9/05/01, 10:21 pm


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