Summary
If a tenant leaves property behind after eviction, you must provide written notice for them to reclaim it. Store the property for 15 days (in-person notice) or 18 days (mailed notice). After this period, you can charge storage fees and eventually dispose of or sell the property. Deduct storage costs and unpaid rent from the sale proceeds. If the tenant reclaims the property after the notice period, you are not obligated to return it. Consult California Civil Code Sections 1980-1991 for detailed legal requirements.Full Conversation
Riverside county desert hot springs
Nice to meet you, ****. How can I assist you with your legal issue today?
Our tenant was properly evicted. Sheriff showed up and tenant and wife had already left (unpaid rent). …
Thank you, ****. I understand the tenant was evicted and they left with unpaid rent. Are you seeking guidance on how to recover the unpaid rent or another aspect of this situation?
They left an entire house of furniture including a piano, beds, clothes, sofa, etc.
Thank you for the information, ****. Are you looking for guidance on what to do with the abandoned property left by your tenant?
I’m telling in pieces so you know I’m still here
Thank you for providing the details, ****. Here is some general information on handling abandoned property left by a tenant in California:
- **Notice Requirement:** You must provide written notice to the former tenant to reclaim their property.
- **Storage:** Store the property safely for a minimum of 15 days if notice is delivered in person, or 18 days if mailed.
- **Disposal:** If unclaimed, you may sell or dispose of the property.
Would you like more specific guidance on any of these steps?
We has an attorney do eviction but he is done now…
Thank you for the details, ****. It seems like you might need guidance on handling the abandoned property now that the eviction is complete.
Would you like to know more about the process for storing and disposing of the tenant's property under California law?
What I don’t understand is…
Thank you for your patience, ****. I understand you need more clarity on handling the abandoned property left by your tenant. Could you please specify what part of the process you find confusing or need more detailed information about?
The sheriff documents state two things. One about abandoned property must be recovered within 15 days. This is on eviction notice. On another page they refer to CCP which requires notice. Why the discrepancy?
Thank you for explaining, ****. The discrepancy may arise from different legal requirements:
- **Eviction Notice:** States the tenant has 15 days to recover property.
- **California Civil Code (CCP):** Requires you to give written notice to the tenant to reclaim the property.
Would you like more details on either requirement or how to proceed?
Yes? Why say * different things?
Thank you for your patience, ****. The confusion arises because the two documents refer to different aspects of the process:
- **Eviction Notice:** This typically informs the tenant they have 15 days to recover their property.
- **California Civil Code (CCP):** Requires you to provide written notice to the tenant, specifying the time frame for them to reclaim their property.
Would you like further clarification on either of these requirements?
Yes
Thank you for your patience, ****. Here's further clarification:
- **Eviction Notice:** Informs the tenant they have 15 days to recover their property after being evicted.
- **California Civil Code (CCP):** Requires you to give written notice to the tenant, specifying the time frame (usually * or 18 days based on delivery method) for them to reclaim their property.
Would you like more details on how to draft or deliver the written notice?
We didn’t know about the notice and 15 days have passed. Do they now get another 18 days?
Thank you for your patience, ****. Here’s how you can proceed:
- If you did not send the written notice, you must now provide the tenant with a written notice.
- The tenant will have:
- 15 days to reclaim the property if the notice is delivered in person.
- 18 days if the notice is mailed.
Would you like guidance on how to draft and deliver the notice?
Yes
Thank you for your patience, ****. Here are general guidelines for drafting and delivering the notice:
*. **Drafting the Notice:**
- Include a description of the abandoned property.
- State the tenant must reclaim the property within 15 days (if delivered in person) or 18 days (if mailed).
- Mention the location where the property can be reclaimed.
*. **Delivery:**
- Deliver the notice in person or mail it to the tenant's last known address.
Would you like an example template for the notice?
Yes
Example Template for Abandoned Property Notice:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Former Tenant's Name]
[Former Tenant's Last Known Address]
[City, State, ZIP Code]
Dear [Former Tenant's Name],
This notice is to inform you that the following property was left behind in the rental unit located at [Rental Property Address] after your eviction:
- [List of items, e.g., piano, beds, clothes, sofa, etc.]
According to California law, you have:
- 15 days from the date of delivery of this notice to reclaim the property if delivered in person.
- 18 days from the date of mailing of this notice to reclaim the property if mailed.
The property can be reclaimed at the following location: [Location where the property can be reclaimed].
If you fail to reclaim the property within the specified time frame, we will proceed to dispose of or sell the property as permitted by law.
Please contact us at [Your Contact Information] to arrange a time for reclaiming the property.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like more assistance with anything else?
Yes
How can I further assist you with this matter, ****? Are you looking for more details on the notice process, dealing with unclaimed property, or anything else related to your situation?
Must I list everything? They left an entire house.
Thank you for your patience, ****. You do not need to list every single item in detail. A general description will suffice.
~Example Notice:
- Piano
- Beds
- Clothes
- Sofa
- Various household items
Would you like any more guidance on this process?
Must I email them also?
Hi ****,
Thank you for your patience. Providing written notice via mail is sufficient under California law. However, if you have an email address for the tenant, emailing the notice in addition to mailing it can be a good practice to ensure they receive it promptly.
Would you like any more guidance on this process?
Yes
Thank you for your patience, ****. Here are some further steps:
- **Mailing:** Send the notice via certified mail with a return receipt for proof.
- **Email:** Send the notice to any known email address as an additional measure.
- **Record Keeping:** Keep copies of all communications and receipts for your records.
Would you like more details on any of these steps?
When can I start charging storage fees?
Thank you for your patience, ****. Here’s when you can start charging storage fees:
- **Notice Period:** After the * or 18 days notice period ends.
- **Storage Fees:** You may charge reasonable storage fees if the tenant fails to reclaim their property within the specified period.
Would you like more details on setting reasonable storage fees or any other guidance?
Yes
Thank you for your patience, ****. Here’s more guidance on setting reasonable storage fees:
- **Reasonable Fees:** Fees should reflect actual storage costs and be comparable to local storage rates.
- **Documentation:** Keep detailed records of storage costs and fees charged.
Would you like more specific examples or details on documenting these fees?
Yes
Thank you for your patience, ****. Here’s more specific guidance:
- **Reasonable Fees:**
- Check local storage rates for similar items.
- Ensure fees are not excessive compared to market rates.
- **Documentation:**
- Keep receipts for any storage-related expenses.
- Maintain a log of storage dates and fees charged.
Would you like more specific examples or details on documenting these fees?
The first 15 days have passed since the sheriffs notice. Can I now charge storage fees?
****, to answer your question:
- *** Days Notice:** If you did not provide written notice to the tenant, you need to do so now.
- **After Notice Period:** You can start charging storage fees after the * or 18 days notice period ends.
Would you like more details on how to proceed with the notice?
Yes
Thank you for your patience, ****. Here's a summary of how to proceed:
*. **Draft the Notice:**
- Describe the abandoned property.
- State the tenant has 15 days (if delivered in person) or 18 days (if mailed) to reclaim it.
- Mention the location of the property.
*. **Deliver the Notice:**
- Send the notice via certified mail with a return receipt.
- Optionally, email the notice if you have the tenant's email address.
*. **After the Notice Period:**
- If the tenant does not reclaim the property, you may start charging reasonable storage fees.
Would you like an example template for the notice?
Yes
Example Template for Abandoned Property Notice:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Former Tenant's Name]
[Former Tenant's Last Known Address]
[City, State, ZIP Code]
Dear [Former Tenant's Name],
This notice is to inform you that the following property was left behind in the rental unit located at [Rental Property Address] after your eviction:
- Piano
- Beds
- Clothes
- Sofa
- Various household items
According to California law, you have:
- 15 days from the date of delivery of this notice to reclaim the property if delivered in person.
- 18 days from the date of mailing of this notice to reclaim the property if mailed.
The property can be reclaimed at the following location: [Location where the property can be reclaimed].
If you fail to reclaim the property within the specified time frame, we will proceed to dispose of or sell the property as permitted by law.
Please contact us at [Your Contact Information] to arrange a time for reclaiming the property.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like more assistance with anything else?
Can I require evicted tenant to have someone other than himself enter and get the property?
Hi ****,
In California, you cannot generally require an evicted tenant to have someone other than themselves retrieve their property. However, you can:
- Request advance notice of their arrival.
- Set reasonable access hours for property retrieval.
Would you like more details on setting these terms?
Yes
Thank you for your patience, ****. Here’s more guidance:
- **Advance Notice:** Ask the tenant to notify you at least *-* hours in advance before coming to retrieve their property.
- **Access Hours:** Set reasonable hours, such as weekdays between * AM and * PM, for property retrieval.
Would you like more assistance with anything else?
If the tenant refuses to leave can I call police for trespassing?
Hi ****,
If the tenant was properly evicted and they refuse to leave, you can call the police for assistance with trespassing. Ensure you have the eviction order and any relevant documentation when contacting the police.
Would you like more guidance on interacting with law enforcement in this situation?
Yes
Thank you for your patience, ****. Here’s some guidance on interacting with law enforcement for trespassing:
- **Documentation:** Have the eviction order and any relevant documents ready.
- **Contact Police:** Call the non-emergency line and explain the situation.
- **Cooperate:** Follow the officers' instructions during the process.
Would you like more specific details or help with another aspect of this situation?
Yes
Could you please specify what additional details or guidance you need regarding interacting with law enforcement or any other aspect of your situation?
So I pretty much wasted the first 15 days by not notifying tenant?
Hi ****,
Thank you for your patience. Here's the summary:
- **First * Days:** Without the written notice, you couldn't start charging storage fees during this period.
- **Next Steps:** Provide written notice now. The tenant has 15 days (in-person) or 18 days (mailed) to reclaim their property.
Would you like more details on drafting or delivering the notice?
When does the 15 days start?
Hi ****,
The 15 days start from the date the written notice is delivered in person or the 18 days from the date the notice is mailed.
Would you like more specific details on the delivery process?
Yes
Hi ****,
Thank you for your patience. Here are the specifics for delivering the notice:
Delivery Process:
*. **In Person:**
- The *-day period starts from the day the notice is handed directly to the tenant.
*. **By Mail:**
- The *-day period starts from the date the notice is mailed to the tenant's last known address.
- Use certified mail with a return receipt for proof of delivery.
Would you like more assistance with any other aspect of this process?
So if I mail on the first the 18th is final day?
Hi ****,
If you mail the notice on the 1st, the *-day period starts from that date. So, the tenant has until the 19th to reclaim their property.
Would you like more assistance with any other aspect of this process?
I don’t understand. After 18 days the property is consider abandoned. Why charge a storage fee once tenant loses possession of property?
Hi ****,
Here’s a brief explanation:
- **After * Days:** The property is considered abandoned if unclaimed.
- **Storage Fees:** You can charge fees to cover the costs of storing the abandoned property until it is disposed of or sold.
This ensures you are compensated for storage expenses. Would you like more details on the disposal process?
What if tenant refuses to pay storage fee?
Hi ****,
If the tenant refuses to pay storage fees, you have a few options:
- **Lien Sale:** You may sell the property to recoup storage costs after following proper legal procedures.
- **Small Claims Court:** You can sue the tenant for unpaid storage fees.
Would you like more details on either process?
The sheriff gave 15 days written notice to tenant about abandoned property. Doesn’t that count?
Hi ****,
The sheriff's *-day notice typically informs the tenant they have a specific period post-eviction to reclaim their property. However, California law requires the landlord to provide a separate written notice to the tenant detailing the procedure and timeframe for reclaiming their property.
Would you like to know more about the specific requirements for this notice?
Yes
Hi ****,
Here are the specific requirements for the landlord's written notice in California:
- **Content of the Notice:**
- Description of the abandoned property.
- State the tenant has 15 days (if delivered in person) or 18 days (if mailed) to reclaim the property.
- Mention the location where the property can be reclaimed.
- **Delivery:**
- Deliver the notice in person or via certified mail to the tenant's last known address.
- Keep copies of all notices and proof of delivery.
Would you like more details on drafting or delivering the notice?
Please show me the law about storing abandoned property
Hi ****,
Here are the relevant laws in California regarding storing abandoned property left by a tenant:
California Civil Code Sections *-*
- **Notice Requirement:**
- You must provide written notice to the former tenant to reclaim their property.
- The notice must include a description of the property, the location where it can be reclaimed, and the time frame for reclaiming it.
- **Time Frame:**
- The tenant has 15 days to reclaim the property if the notice is delivered in person.
- The tenant has 18 days to reclaim the property if the notice is mailed.
- **Storage:**
- You must store the property safely during the notice period.
- You may charge reasonable storage fees after the notice period ends if the property is not reclaimed.
- **Disposal:**
- If the property is unclaimed after the notice period, you may sell or dispose of it according to the law.
Would you like specific guidance on any of these points or more details on drafting the notice?
If the tenant comes for property after 18 days must I return it?
Hi ****,
If the tenant comes to reclaim the property after the *-day period, you are not legally required to return it. By law, the property is considered abandoned and you have the right to dispose of or sell it.
Would you like guidance on the disposal process?
Yes
Hi ****,
Here is some guidance on the disposal process for abandoned property in California:
Disposal Process:
*. **Wait for Notice Period:**
- Ensure the * or *-day notice period has passed without the tenant reclaiming the property.
*. **Inventory and Valuation:**
- Create an inventory list of all abandoned items.
- Estimate the value of the items.
*. **Disposal Methods:**
- **Items of Low Value:** If the total value is below $*, you can dispose of the items.
- **Items of High Value:** If the total value exceeds $*, you must sell the items at a public auction.
*. **Public Auction:**
- Advertise the auction in a local newspaper at least once, five days before the auction.
- Sell the items to the highest bidder.
- Deduct any storage and auction costs from the proceeds.
*. **Proceed Handling:**
- If there are remaining proceeds after covering costs, you must make efforts to return the surplus to the tenant.
- If unclaimed, the surplus may need to be turned over to the county.
Would you like more details on any step of the disposal process?
If tenant owes back rent can I deduct that from sale?
Hi ****,
Yes, you can deduct unpaid rent from the proceeds of the sale of the tenant's abandoned property. Here’s how it works:
- **Public Auction:** Sell the items at a public auction.
- **Deduct Costs:** First, deduct any storage and auction costs.
- **Unpaid Rent:** Next, deduct the amount owed for back rent.
- **Surplus:** Return any remaining proceeds to the tenant or turn them over to the county if unclaimed.
Would you like more details on setting up the public auction or handling the proceeds?
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