Legal Question in Real Estate Law in California

Re: Property Abandonment?

These things are called bailments almost everywhere, but in California for some strange reason they are "deposits" and you are the "depositary" and your friend is the depositor.

Deposits are divided into involuntary and voluntary. Since you consented to the deposit in the first place, this is a voluntary deposit. See Civil Code sections 1813 to 1815.

Voluntary deposits are further divided into gratuitous deposits and storage. Storage is also called deposit for hire. Although you may think of what you're doing as "storage," since you aren't being paid to do it, it's not legally storage, it's a gratuitous deposit.

A gratuitous depositary (such as you) must use, at least, slight care for the preservation of the things deposited. This probably means, in your case, to keep the garage door closed when it's raining and to lock it when you're not home. It does not mean, I would think, that you need to check weekly to see if mice or birds are messing things up, nor to sweep up cobwebs. If at least slight care is given, you're probably not liable for theft or damage. Civil Code section 1846.

The duties of a gratuitous depositary cease (Civil Code section 1847) (a) upon restoration by the depositary of the thing deposited to the owner, or (b) upon reasonable notice given by the depositary to the owner to remove it, and the owner failing to do so within a reasonable time.

So, you need to comply with Civil Code section 1847(b) by giving reasonable notice and waiting a reasonable time for the owner to comply by coming and getting her stuff.

I'd say give her a range of dates when you'll be home to giver her access over the next couple of months. The notice should be given by a means that gives some proof of delivery and should clearly state that you may dispose of the property if it is not picked up by X date, after the last of the times you say you'll be available to give access.

Then, if she fails to collect the stuff, you may dispose of it in a "commercially-reasonable manner" which means selling whatever can be sold for more than the cost of advertising and sale, and donating or dumping the rest. The net proceeds of sale belong to your friend, not you, and she gets the tax benefit of any donations. Be prepared to justify your decision to discard something rather than sell it on eBay or to a dealer, but you don't have to spend a month of weekends holding garage sales, either.