Legal Question in Real Estate Law in California

I started renting a house in Kingsburg ca in November of 2010. The house came with several furniture items that we included in the rent. These items were two couches, a china cabinet, a large formal dinning table, two living room chairs, a refrigerator and several fake plants.

After a year in September of 2011 I received a notice from the city of Fresno ca telling me that the house has been foreclosed and that it will be sold at auction in to weeks. This took us by surprise as we had not heard anything from the landlord about losing the house. Fortunately we were able to buy the house in September or 2011. I contacted the landlord and told her we bought the house and that we would like her to mail our "entire" security deposit back because there were no legal circumstances in which to make deductions since we were the new owners. At the same time I asked her to figure out what action she would like to take with the furniture as it was signed into the lease that it belonged to her. She said she would get back to me. It is now February 2012 a whole 5 months later and I have not heard back from her. The furniture is still in our house and are using, as well the our security deposit has never been returned.

What action can I take? When/Does the furniture become my property and can I charge interest on the deposit and storage fees on the furniture if she come and tries to take the furniture?


Asked on 2/02/12, 7:56 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

There is no really clear answer to the question of what happens with the furniture. I suppose you could consider it to be abandoned at this point, and follow the procedures in California Code of Civil Procedure, Section 1174 to eventually acquire the right to retain it. With respect to your security deposit, the only way to get it back is to sue her. I would complete the 1174 procedures to gain title to the furniture before you sue her, as she will likely assert a cross-complaint for the value of the furniture, but if you can show that you complied with the laws and treated it as abandoned property which you now own, then she may lose on her complaint, and you could prevail on the complaint for return of the Security Deposit.

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Answered on 3/02/12, 8:48 am


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