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(844) 935-2345Most new landlords assume that dealing with evictions will be the most stressful aspect of their job. However, in reality, other issues can be just as frustrating. One example is abandoned property, and all landlords should be familiar with California's abandoned property law if they rent housing in the state.
Some landlords may think throwing away abandoned property or items left by tenants who have been evicted or no longer live in the home is okay.
You could be in legal trouble if you don't follow the correct process. If landlords don't have the correct knowledge, they could be facing huge fees and even legal action for doing what seems like a simple task of taking out the garbage.
What is the definition of abandoned property in California? And what can landlords do to ensure they are handling these items properly? RentPrep's guide to California abandoned-property law will tell you everything you need to about this.
The laws that regulate abandoned property are different in each state. As a landlord working in California, it’s key to learn the state’s specific rules on what to do with items left behind by a tenant. Simply discarding these belongings isn’t always an option. Here’s what you can do:
To begin, landlords must understand what abandoned property is. What is abandoned property, and why must landlords understand how to deal with it?
When a tenant leaves a rental property due to eviction, abandonment, or the usual end of a lease period, any belongings left behind are known as abandoned property. These belongings are still the tenant’s personal property but have been left at your property.
Abandoned properties are complicated because they cannot be disposed of immediately. Local and state law dictates how to dispose of and store these items to allow the rightful owners' former tenants to claim them.
In California, items left in an apartment after the lease is terminated are considered abandoned. You can remove rotten food and garbage, but all other items must be inventoried, stored, and contacted by the tenant.
The landlord should inform the tenant that the item is due back or they will remove it. If the tenant doesn’t respond to the notice within 18 daysThe landlord may take legal action to remove, dispose, or sell these items.
Items worth less than $700 are eligible for a claim by the landlord. The proceeds of items worth more than $700 will be donated to the county in which the property is located. The landlords may deduct the reasonable costs they paid to store and manage these sales.
This situation can be challenging. Set yourself up with a step-by-step guide so that you know exactly what to do with abandoned property in California.
Confirm why the tenant left and decide what to do with this information. If the lease was over and that is why they left, you’re good to move forward. If you ended the lease early and they follow those terms, you can move forward. You must also confirm that the lease is complete in other cases, like evictions or tenants who simply leave.
Is there anything in your lease that mentions abandoned property?
Then, review these details to ensure you remember what the tenant and you agreed on. Local laws will still take precedence over the lease terms, but you want to be sure that you are doing what you and the tenant initially agreed to do.
If you don’t have any clauses in your lease about abandoned property, it might be a great time to add this to your rental lease template. Clarify what happens when property is abandoned, who's responsible for the storage and disposal cost, and how you can claim abandoned property in California. Everyone will be on the same page.
Now it’s time to send the former tenant notice of what was abandoned, where it’s being held, what will happen, and when.
It is important to send the tenant the California abandoned property notice as quickly as possible. Additionally, it’s a good idea to post the notice on the door if the tenant returns to the property.
Include the following information:
By providing all this information, you will be able to legally protect yourself while ensuring that the tenant fully understands the property abandonment process. RocketLawyer teamed with us to offer free legal assistance for landlords.
After the notice period has passed, you can remove the items. California allows you to keep and resell items for less than $700. Auctions are required for more expensive items, with the proceeds going to the county. Setting this up with a bond agency in your area is easy. You can deduct the costs from the proceeds.
Two things should never be sold or disposed of Motor vehicles and permanent fixtures. Report abandoned motor vehicles to your local police, who will take care from there. Permanent fixtures installed at the property are yours to keep and do not need to be reported as they are now part of the rental property.
As a landlord, it’s important to have a backup plan just in case your tenant decides to leave your rental property without notice.
Documenting everything is important. Photograph your belongings when they are discovered, stored, or handled elsewhere. Keep copies of all forms and notices you use to prove that you handled the items in the correct manner.
If you’re dealing with property that was left behind after a tenant moved out and their lease ended, you are good to consider the property abandoned. However, it’s not always clear if the tenant has genuinely left, and you must consider this.
Sometimes, tenants will leave a property without notice. If this occurs, you should contact as many sources as possible, such as emergency contact numbers, to confirm that the property was abandoned.
As long as the tenant did not violate any lease terms, they are still considered a renter. Do not touch any personal items until you are sure that the property has been abandoned and the contract is over.
This is less likely to happen if good tenants rent your units. Only by using the correct screening procedures can you be sure you will have good tenants.
Tenant screening can be complicated, but the process is easily simplified by utilizing third-party assistance like RentPrep’s tenant screening packages. These extensive packages offer a variety of options to landlords like you. Make sure you get the best tenants you can by thoroughly screening any tenants you hire.
Former tenants in California have 18 days after being notified by the landlord to claim their abandoned property. There is no guarantee they will get their possessions back after that period. If tenants want to reclaim their belongings, they should immediately contact the owner and work out a plan.
California treats personal property as abandoned once the landlord issues an official notice. This must be done within 18 days. Before then, it is best to keep the property stored in a safe and secure place.
If a tenant leaves the property without notice, this period may be longer because an eviction process to formally end the lease should occur first. The 18-day official notice period can only begin after the lease has been negated.
Landlords cannot throw out personal belongings in California until the proper abandoned property proceedings have been followed. First, the landlord has to notify the tenants and give them a period of 18 days in which to respond. If the landlord does not receive a response after 18 days, he is free to dispose of the items.
The value of the item will also determine what happens. The owner may sell, dispose of, or keep items worth less than $700.
The state or county should receive the majority of the proceeds from the auction sale for items valued over that amount. Renters can retain enough profit to cover storage, marketing and cleaning abandoned items.
The cleaning cost must be reasonable, and it should also be appropriate to the size of the unit. Professional cleaning of some rental units is only $200, while others may cost much more. Landlords should always keep their detailed receipts when deducting cleaning expenses from security deposits to prove the cleaning costs to be reasonable and necessary.
After a lease has ended, landlords must send notice and store tenants’ belongings for 18 days while waiting to hear from the tenant. If the tenant doesn’t respond within 18 days, landlords in California can begin selling or disposing of the items.
To be a successful landlord, it is important to create systems to help you deal with the challenges that arise. Now that you know more about what to do when tenant belongings are left behind, you’re ready to create a plan you can apply whenever faced with this situation.
Remember that the following are important when dealing with California's abandoned property law.
It becomes easier once you learn about California’s personal property abandonment laws. All that it takes is the prerequisite information to have you prepared, and you’ll be moving through these situations with ease
