Legal Question in Real Estate Law in California

Tenant left some things

I had a tenant move out of an apt owing May's rent.She left some things like sm appliances and a little junky furniture.It's probably worth about $150 at a yard sale. She's been gone about 3 weeks and doesn't return my calls to her cell or her mother's answer machine.What can I do with the stuff?


Asked on 6/04/08, 11:52 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant left some things

Well, there is both a legal answer and a (hopefully) practical answer. The Civil Code contains some pretty strict and specific requirements, and I might add that anyone in the landlord business should become familiar with them and with a landlord's other statutory duties and rights. See sections 1980 to 1991 regarding tenant belongings left behind. Note especially 1988(a) regarding property reasonably believed to be worth less than $300. The practical answer is that as soon as the fair value of storage exceeds the fair resale value of the property, your risk/reward analysis tips in favor of dumping the junk. You also have the liability cushion of the unpaid rent you are owed as an offset to any claim for the value of her belongings.

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Answered on 6/05/08, 12:22 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Tenant left some things

There are provisions of the Code of Civil Procedure and/or the Civil Code that you are required to comply with. If you are a landlord you should be familiar with these.

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Answered on 6/05/08, 1:47 am


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