Legally Correct Procedure to Deal With Real And Personal Abandoned Property

By E-Renter Tenant Screening
Posted on July 3, 2006 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Abandoned property is property that a tenant has given up all rights to and intent to reacquire same property is not evident. To ascertain the correct legal procedure to deal with such a situation, landlords are advised to consult Civil Code, Section 1951.3, which contains the applicable law relating to abandoned property. As well, reading the following should give you a fair idea of when a landlord may consider his / her property to have been abandoned.

  1. If you find your rental property unoccupied, it may only be considered abandoned if there is a delinquency in rental payment and no rent has been paid for 14-consecutive days.
  2. It is important a landlord has reasonable belief that his / her property has been abandoned. If a landlord knows or suspects his / her tenant is either away on vacation, living at his / her job site, in jail or simply absent due to other circumstances, he / she may not consider the property to have been abandoned, as there is every possibility that the tenant will / may return to take up residence, again.
  3. If a landlord finds his property unoccupied, instead of considering it abandoned, he / she must first serve a written notice upon the tenant, mailed first class with prepaid postage, and sent to the last known address or any other address, where the tenant may receive it. Perhaps, the notice can be sent to his / her place of employment, a parent’s address, a P.O. Box No, including a copy to the premises, a landlord believes to have been vacated by the tenant. This is, in order, to provide adequate opportunity for the tenant to reclaim his / her tenancy rights, if so wished.You are not required to send the notice by certified mail as the law presumes first class mail is sufficient proof; the notice has been received by the addressee. However, as further precaution, obtain proof of mailing from the post office.
  4. The waiting period of 18-days ensues and a landlord has to out the period before he / she can take any action.
  5. A landlord cannot re-possess his / her property if the court does not agree the property has been abandoned, or if all or a portion of the rent owed is paid up during the 18-day waiting period, or if the tenant gives written notice that he / she has no intent to abandon the property, along with providing an address where he / she can be sent certified mail.
  6. In case, none of the above happens, a landlord is allowed to re-enter the premises after the 18-day waiting period and may rent out the property, again.
  7. If, personal property is found to be abandoned, the landlord is required to store it in a safe place, protecting it from theft and natural elements. He / she will be held responsible and made to pay for any damage to the tenant’s property.
  8. On the other hand, a landlord is entitled to seek reimbursement from the tenant for storage costs and the safe-guarding of his / her personal property.
  9. Before storing the property, the landlord must itemise and determine the monetary value of the abandoned personal property, except in the case of a locked trunk or suitcase, whose outward appearance can simply be described. And while, evaluating and making an inventory of the personal property ensure you have a reliable witness on hand. If the property is valued over $300.00, it will be required to be sold off at a public auction. If, under $300.00, it can be disposed off in whatever manner after requisite notices have been sent.
  10. In the same way as abandoned rental property, a proper written notice is to be served on the tenant for abandoned personal property. Again, an 18-day waiting period ensues to allow him / her time to reclaim his / her belongings, with release of the property dependant on its value, whether over $300.00 or under.If storage and other charges are paid by the owner, the abandoned personal property may be released. But, a landlord cannot hold ransom personal property for unpaid rent or damaged property.
  11. If the tenant’s personal property is auctioned of, the proceeds from the public sale rightfully belong to the tenant. The landlord is not entitled to them in lieu of unpaid rent or damage to property. He / she can only claim reimbursement for actual costs of storing the property and for advertisement of the sale. If the tenant does not claim the balance amount, the landlord is required to deposit it in the County security, in which the sale took place.

It is important that landlords follow the law; otherwise they may end up getting sued or land themselves in uncomfortable situations. As well, it is a good idea to confer with a lawyer before taking action on your own.

Add A Comment

You must be logged in to post a comment.