Legal Question in Real Estate Law in California
Property Manager 'confiscated' my tenant's personal property
I own a condo which is managed by a third party to whom I pay monthly dues. My tenant left some personal property in front of the condo behind the bushes (it was not visible from the street). The property manager took the personal property without notifying me or the tenant in advance and charged me a removal fee. They claimed that it was against the CC&R's to have these items in front of the property (the items were clothing and toys).
Is it legal for them to do this without notifying either of us in advance?
Thank you!
1 Answer from Attorneys
Re: Property Manager 'confiscated' my tenant's personal property
It depends on the CC&R's and the layout of the property. If the property was determined to be in a common area and the CC&R's forbid you to store property on the common area than you are out of luck. Although it would be a matter of common decency for the manager to notify you (The CC&R's may provide for this) he would not have to if the CC&R's do not provide for this.
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