Abandoned Personal Property

If a tenant leaves personal property behind, how long do I need to wait until I can dispose of it?

We need more info. What state?

We are located in California. I don't know the new address for the tenant. Also, I have contacted the tenant and left 2 messages as to when they would pick up their property. I have not heard from them in quite some time.

Assuming that "quite some time" means more than 30 days, and further assuming that you have no postal address for the former tenants with which to make written contact, then the law presumes that the property has been abandoned. You can either sell or dispose of the property.

I am going to have to disagree with Westside Law:

California Civil Code Requires the Following:

1983 Requires Written Notice to be sent. If new address is not known you must send written notice to their last known address (which is your property).

Letter per this statute must include name and address of former tenant, date they vacated premises, description of personal property left on premises, address where they can claim property, that they will incure reasonable costs of storage if not picked up in 18 days, and need to include "pursuant to C.C. 1988.

The notice shall also contain one
of the following statements:

"If you fail to reclaim the property, it will be sold at a
public sale after notice of the sale has been given by publication.
You have the right to bid on the property at this sale. After the
property is sold and the cost of storage, advertising, and sale is
deducted, the remaining money will be paid over to the county. You
may claim the remaining money at any time within one year after the
county receives the money."

OR

"Because this property is believed to be worth less than $300,
it may be kept, sold, or destroyed without further notice if you
fail to reclaim it within the time indicated above."


If you feel the property is worth more than $300 then you must sell at a public sale.

I am quite familiar with the Code section; however, it is quite clear that you don't read or comprehend. Our writer said, "I don't know the new address for the tenant." I had also said to our writer that, if that's the case, then she is free to sell the property (of unknown value). You state at a "public sale." Alright, then what's a "garage sale"?

I also said, assuming the above lack of knowledge is true, she may treat the property as being "abandoned" and dispose of the property. Our writer is under no obligation to locate an address of the former tenant. If the former tenant had wanted the property, then the former tenant could have taken it, or picked it up at a later date. The former tenant did neither. When the former tenant fails in this duty, that failure DOES NOT automatically make our writer into a "storage facility."

Read the statutory law, and the case law in this regard.

Interesting disagreement. Legalease gave the statutory law. Westside Law gave the practical (and legal) interpretation. I'd have to agree with Westside Law on this one. Good advice Westside Law!

Westside Law,

I think it is you who doesn't know how to read.....

1. If you don't know the address you need to send a letter in correct form to the last known address which will be where your tenant lived (your own property). Stated in my original post.

2. OP must determine value of property before simply disposing it. If they reasonably believe value to be under $300 then yes dispose of it. If property happens of value then you must follow statute.



Don't be rude or I will report you and admin will punish you.

EXPERT - The law is based on Statutes...sure practically ll should be able to just dump but that is why we have laws.....

Punish me? Ooooooh, I hope it's a good spanking!

Please post some case law in order to better assist our clients. Also explain how case law would come in handy in a situation like small claims court where judges rarely care about anything but the codes in front of them. Thanks for all your info.