Legal Question in Real Estate Law in California

Your situation is covered by a relatively new set of provisions in the Civil Code, which are a bit too long and complex to recite here, but which are fairly easy to understand and follow if you look them up and give them some study.

The easiest way to find the new law (effective Jan. 1, 2009) is to look up Civil Code section 1980.5 and then sections 1993 et seq., up to 1993.09. (Technically, 1993 to 1993.09 is Chapter 5.5 of Title 5 of Part 4 of Division 3 of the Civil Code, but looking for section numbers is usually faster).

Basically, the procedure involves written notice containing specified facts, followed by a public sale of the property. The landlord may deduct certain costs of sale. Then the balance is deposited with the county treasurer. If the procedures are followed properly, the landlord has no liability to the tenant or third parties. There are provisions for safekeeping pending sale, relief where the value is less than a certain amount, and release of some of the property directly to the tenant.

If you need further help after reading the law, you should probably consult an attorney, and if you do, make sure the attorney is aware of this relatively new law.