Legal Question in Real Estate Law in California

We have rented our home out and the tenant took the home over with some furniture . Now he wants it removed as well as cabinets and items that belong to the home fresh paint, Carpet roll, Woodfloor ect. There is also one box we forgot . We are overseas do we have to remove the items such as the furniture he wanted to take over for the time he is renting as well as the items that belong to the home such woodflooring, tile carpet , shelves in garage .

Does he have the right to throw away the box with our personal belongings if there is place on a large window sill in two car garage till we get back to pick it up.


Asked on 1/10/12, 8:55 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is a nightmare situation and sounds like you have a very unreasonable person as a tenant. (Of course, I haven't heard his side of the story.) If you have a written rental agreement that specifies that the home is rented "partially furnished" or something of this sort, I think you can tell the tenant "No" to most if not all of the demands. As to the box of personal items, can you have a neighbor or friend pick it up and keep it for you? The tenant may have a right, however unreasonable it may be to exercise the right, to be free from storing personal items that aren't part of the furnishings. As to flooring, etc., if the place was rented with wood flooring, it seems to me the tenant will have to accept it. I might also suggest that you might want to consider using a professional property manager to handle your rental in the future - for a fee of up to 10% of the rent they assume responsibility for finding tenants and dealing with them......many landlords find managers well worth it.

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Answered on 1/10/12, 10:49 am


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