Tenant Property Reclaim Rules
Summary
Landlords in California can withhold abandoned tenant property for unpaid rent if proper notice is given. If the tenant does not pay, landlords can proceed with a public auction after the notice period expires.Full Conversation
I terminated our agreement with a 30 day notice for the storage rental and provided him with the relief of abandonment right property notices as the property is over $* that I would send him notice of when a public auction would take place. My issue is that he wants to come and get his property today but he still owes me storage rent .. at this point I believe he has to pay them to get his property. Is that true?
In California, the law allows landlords to keep left-behind property as a form of rent payment if the tenant owes money. However, it's crucial to follow the proper legal process, including sending a detailed notice and waiting the appropriate amount of time.
he’s on the last day of his right to reclaim property notice before I send it to public auction. Can he demand his property back without paying me?
In California, the landlord can withhold the property until the unpaid rent is paid. However, you must have mentioned this in your notice. If he doesn't pay, you can proceed with the public auction after the notice period expires.
I did stipulate that in the notice thank you very much.
It seems like you've followed the correct procedures. Since you've stipulated in the notice that he must pay his outstanding rent to reclaim his property, you're within your rights to withhold the property until payment is received.
thank you
You're welcome! If you have any other questions or need further clarification, feel free to ask. I'm here to help.