My tenants moved out unexpectedly, leaving behind furniture, clothing, and several boxes of personal property. They have not responded to my calls or emails. Can I dispose of their belongings?
No, you cannot immediately dispose of left behind property. The first essential step is sending a written notice to the former tenants that complies with Civil Code section 1983. This law imposes the following requirements:
The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the … landlord [is not protected] from any liability arising from the disposition of property not described in the notice except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail.
The notice shall be personally delivered to the person to be notified or sent by first-class mail, postage prepaid, to the person to be notified at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also to any other address known to the landlord where the person may reasonably be expected to receive the notice. If the notice is sent by mail to the former tenant, one copy shall be sent to the premises vacated by the tenant. If the former tenant provided the landlord with the tenant’s email address, the landlord may also send the notice by email.
Let’s summarize this rule. Draft and deliver in person or by regular mail and email a written itemization of the property left behind. Attaching a photographic log to the notice is a good idea and always make sure that all non-boxed items are listed and described. Be thorough and complete! Most importantly, calculate the days correctly: Allow at least 15 days for notices personally served and 18 days for notices that are mailed/emailed to lapse before you take the next step.
Civil Code section 1984 provides the acceptable template for these notices:
| To: _____ (Name of former tenant) _____ _____ (Address of former tenant) _____ |
| When you vacated the premises at _____ (Address of premises, including room or apartment number, if any) _____ , the following personal property remained: _____ (Insert description of the personal property) _____ You may claim this property at _____ (Address where property may be claimed) _____ . If you claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), you may minimize the costs of storage. If you fail to claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), unless you pay the landlord’s reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988. Check One: |
____ 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.
_____ Because this property is believed to be worth less than $700, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.
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This requirement to reasonably assess the worth of the items is also critical. If the garage sale cumulative value of the left behind items are less than $700, you can dispose of them in any way you want after the notice period expires. Otherwise, for property worth $700 or more, you must conduct a public auction. The auction process is somewhat complex, so please confer with legal counsel to ensure that it is adequately noticed and properly conducted.
Lastly, while waiting for the notice period to expire, you have two options. You may either leave the possessions inside the unit, or you may safely store the items elsewhere so that you can begin the process of re-renting the premises. You may also impose reasonable storage fees, and the property must be released upon payment of those charges. You may not, however, condition the return of the property on payment of unpaid rental obligations. In sum, pay attention to these succinct mandates before you clean house; otherwise, you could be on the hook for your tenants’ belongings.