Items Left on Property After Lockout
Handling Tenant Property After Eviction
California law requires landlords to follow a specific process when dealing with items left behind after an eviction lockout. Watch the video above for detailed guidance.
Frequently Asked Questions About Abandoned Property After Eviction
What do I do with tenant belongings left after an eviction in California?
California Civil Code 1983-1988 requires landlords to store abandoned property and send a written notice to the tenant. For property worth over $700, you must store it for at least 18 days. For property worth less than $700, the storage period is 15 days. You cannot simply throw away or keep the tenant's belongings.
Can I throw away items left by an evicted tenant?
No, not immediately. California law requires you to follow specific procedures. You must send a Notice of Right to Reclaim Abandoned Property to the tenant's last known address. Only after the statutory waiting period (15-18 days depending on value) can you dispose of or sell the items if the tenant hasn't claimed them.
How long do I have to store a tenant's belongings after eviction?
In California, you must store abandoned property for at least 15 days if the total value is under $700, or 18 days if over $700. The clock starts from when you mail the Notice of Right to Reclaim. During this time, the tenant can reclaim their property by paying reasonable storage costs.
Can I charge the tenant for storing their abandoned property?
Yes, you can charge reasonable storage costs. However, you cannot hold the property hostage for unpaid rent - only for the actual storage costs incurred after the eviction. The tenant has the right to reclaim their property by paying these storage fees during the notice period.
What is a Notice of Right to Reclaim Abandoned Property?
This is a legal notice required by California Civil Code 1984 that informs the former tenant where their property is being stored, how to reclaim it, the deadline to claim it, and what will happen if they don't claim it. This notice must be sent by first-class mail to the tenant's last known address.
What happens if the tenant doesn't claim their belongings?
If the tenant doesn't reclaim their property within the notice period, you can dispose of it. For items worth under $700 total, you can keep, sell, or dispose of them as you wish. For items worth over $700, you must sell them at public auction and apply proceeds to storage costs and unpaid rent, with any remainder going to the county.