Legal Question in Real Estate Law in California

I live in California. I had a tenant that moved out in April 2017 and left her property in a storage unit on the property. We never agreed on price for storing the items on my property. It is now August and her personal property is still on my land. What rights do I have as a landlord? What can I do to remove and/or dispose of these items? What is the legal process to notify she of my actions? I have several text messages from her stating that she will remove the property but never does.

Asked on 8/04/17, 12:43 pm

1 Answer from Attorneys

Susan Murphy Advocate Legal

The issue is whether the tenant has abandoned this property.

There are two criteria for determining abandonment: 1) the tenant moved out - that is tenancy has been terminated, and 2) the lease ended (either by agreement or by eviction) and the rental agreement has been terminated.

If it has been abandoned you must inventory and store it and also give notice to the former tenant that you have the property.

Notice is covered in California Code of Civil Procedure sections 1984 and 1985.

You must store the abandoned property for at least 15 days after the notice. 18 days if you mail the notice. (CCP section 1983)

You may charge storage costs and require that these storage costs be paid before she picks up the property. These storage costs can be backdated from the time she ended her tenancy and possession. (CCP section 1987)

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Answered on 8/04/17, 1:50 pm

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