Legal Question in Real Estate Law in California

If a person is renting a room and is behind in paying, does that give the owner a right to throw all of the renter's property away?


Asked on 9/04/14, 4:16 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

No, it does not. Were you even given an option to pick up your property if you were evicted? They can't throw the personal property except for in extreme cases so I need more information on whether you WERE evicted, when the eviction occurred, and whether you were given the option to pick up your belongings.

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Answered on 9/04/14, 4:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, particularly if the renter is still living there. If the renter has abandoned the premises, then the landlord can store the (former) tenant's belongings, but not throw them away. Both parties should familiarize themselves with Civil Code section 1951.3 dealing with abandonment by a residential lessee, and perhaps related sections such as 1951.2 (termination of lease). Or, get a self-help "law" book on the subject of landlord-tenant relations (Nolo Press, etc.) ...... the entire subject is somewhat complicated, and giving a foolproof answer on a bulletin board is not possible.

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Answered on 9/04/14, 4:54 pm


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