Legal Question in Real Estate Law in California

There are Civil Codes sections that talk about abandonment of property. Around the areas of Coicil Code Section 1714, etc. Typically if you send the abandoning party a letter advising that they must pick up the property within 20 days, opr you will sell it or give it charity. Then if they do not pick up, then you have right to sell or give it away.

I might give a little more time than is required just to give him every chance to come get them, but I generally agree, that you should give clear notice that if he does not come get his things, you will treat them as abandoned and dispose of them. Make sure you can prove he received the notice.

Best,

Daniel Bakondi, Esq.

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415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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This situation would come under the laws concerning "bailments," which in California are called, for some reason, "deposits" (rather than the more customary term). They are divided into categories as either voluntary or involuntary depending upon whether the leaving of the articles was agreed upon or "accidental" in the first place, and into "for hire" vs. "gratuitous" depending upon whether the person holding the articles expects some compensation or consideration, on the one hand, or is doing it for free.

In your case, this is a voluntary and a gratuitous deposit, because you agreed to it in the first place, but are not expecting to make anything such as storage fees or repair charges. This in turn defines the degree of care you must exercise for the articles left with you, and your right to end the arrangement.

You must use "slight care" in safeguarding the property, and you can end the arrangement by giving "reasonable notice." (If the deposit were for hire, you need exercise at least "ordinary care.") Reasonable notice to come and get the items must include an actual and realistic opportunity to effectuate a physical pick-up.

If the items are not then picked up, you may dispose of them in a commercially-reasonable manner. If they are of low value, this may mean taking them to the dump or giving them to the Salvation Army. Otherwise, it may be reasonable to sell them at a garage sale, on eBay, CraigsList, to a pawn shop, etc., whatever reflects good judgment in the circumstances.

Neither the property itself nor the money received from a commercially-reasonable disposal process ever becomes yours. However, you can deduct and keep enough of the proceeds to cover your out-of-pocket selling expenses. This may eat up most or all of the proceeds, but any balance belongs to the (former) owner and must be paid over upon demand,

Deposits are covered in the Civil Code, starting with section 1813, and note in particular sections 1844, 1846, and 1854.