Property owners should never handle the abandoned belongings of tenants without first consulting us at Bell Properties.
Whether it’s a tenant who has been evicted or a tenant who has moved out at the end of a lease term and left behind a closet full of clothes or a rather heavy sleeper sofa in the living room, there are legal procedures that must be followed before the belongings are disposed of.
A number of landlords have come to us in a situation where a tenant is gone, but their belongings are not.
This can be stressful and difficult to deal with.
Schedule a free consultation with us if this is a situation that has already arrived.
We’re providing a guide on abandoned property that highlights some of the specific laws and regulations that govern what must be done and at which point a tenant gives up any rights to that property that’s been left behind.
Abandoned Property and California Laws
Whether the tenant has been evicted, broken the lease and moved out in the middle of the night, or ended the lease on good terms after turning in the key, and vacating the home, it’s important to follow California law as it pertains to belongings left behind in a rental home.
Some of the items are easily disposed of right away. Food in the refrigerator, for example, can be thrown out. If there is garbage or trash, that can be removed immediately as well. If there’s a mess that requires hauling and dumping, contact Bell Properties. We can dispatch a crew.
Anything else must be inventoried and stored until the tenant is contacted. Disposing of that property right away is illegal.
Under California law, a tenant’s belongings that are left behind have to be protected for up to 18 days after that tenant has been issued a notice of property abandonment.
Within that time period, a tenant has the opportunity to reclaim the items they left behind. If the tenant does not respond to the notice that was sent within the 18 days, landlords and property managers have the legal standing to do any number of things with that abandoned property.
It’s important to wait out those 18 days.
Abandoned Property Value
We start with a general idea of what the abandoned property is worth, because that will make a difference in how we move forward.
In California, landlords can claim any items worth less than $700. Items worth more than $700 must be sold at auction, and the proceeds will go to the county where the property is located.
When an owner is dealing with something that’s worth more than $700 and they cannot claim it for themselves, property owners do have the right to deduct reasonable costs that are paid for storage and management of these items that will be sold.
A Guide to Dealing with Abandoned Tenant Property in California
Let us handle the hassle of dealing with abandoned property. Here’s how we handle it in California rental homes:
Review of Lease Agreements
We always encourage terms and language around abandoned property in every lease agreement. If the California lease references abandoned property, that’s where we want to start.
Review what the lease says and there’s no indication about how abandoned property is handled in the existing lease agreement, contact us and we will draw up a new lease that covers all of the necessary language.
Send Tenants a Legal Notice Regarding the Property
We will send tenants a notice that outlines what has been left behind by them, where we plan to keep it, how long we will keep it, and what they’ll need to do in order to reclaim it. This is a formal notice that is required, and it’s called a Notice to Remove Personal Property from Premises’ in California.
Not sure where to find a template for this form? We have one, and the language is pretty specific. With our form, we can make sure the notice includes important details. The property has to be identified, the storage location has to be shared with the tenants who have departed, and we have to be specific with the deadline for retrieval (we give a time as well as a date). If there are costs involved for the tenant, our notice will disclose those as well.
This notice needs to be promptly sent out, after the conclusion of a move-out inspection. When we handle the move-out, we inventory the items that may have been left behind. Then, we communicate directly with our tenant.
The form must include information on what will happen to the belongings if the tenants do not come and claim them within the 18 days that are given.
This notice is not only legally required, it also puts everything in writing for the tenant. When we serve this, we are ensuring they are fully informed about the process and how to take back any of the property they may have left behind unintentionally.
Remove the Property
We can remove the abandoned items from the rental property and store them, or we may leave them at the rental home. Most owners will want to get to work turning over their unit, and that will require cleaning out the property. But, if almost everything has been left behind, that can be difficult.
Once the notice period passes, we are free to remove the items from wherever we are holding them.
As we mentioned, California allows owners to keep any of the items that cost less than $700. If a property owner does decide to keep the property, nothing more needs to be done. There’s no need to document that the property has been sold or destroyed or donated.
Those more expensive items that are over $700 have to be sold at auction to the benefit of the county. We have relationships in place with local bond agencies who can facilitate this auction, and property owners are permitted to deduct the cost of that transaction from the proceeds of the sale.
- Understanding Exceptions to Abandoned Property Laws
As with everything, there are exceptions. This is another reason why you need the steady, experienced partnership with Bell Properties.
Here’s an example. If a car is left behind, there are different guidelines. If there’s a boat in the backyard, selling it at auction is not the way to go. We have to report that sort of abandoned property to the police, and they will handle it.
If there are permanent fixtures installed at the property that were not the owner’s but instead were put in place by the tenant, they can be left where they are. A fence, for example, or a ceiling fan are now part of the rental property and can be left alone.
- Preventing Abandoned Property in a California Rental Home
While the process is pretty straightforward, dealing with abandoned property takes time and effort. It costs money. To avoid abandoned property being left behind in your rental home, schedule a free consultation to talk with us. We’ll recommend strategies such as:
- Careful Tenant Screening
Almost everything comes back to good tenant screening. At Bell Properties, our screening process includes rental histories and eviction checks. We investigate whether a tenant has a history of moving out without proper notice and if there are any landlord claims or judgments against them. Contact Bell Properties for help with tenant screening.
- Conduct Inspections
Tenants are entitled to a pre-move out inspection in California, and it can come in handy when it’s time to think about a new tenant and an efficient turnover. During this walk through, we remind our departing tenants that they’re expected to clean out the property entirely and not leave anything behind. We will get inside the rental home immediately after the tenants leave so we can conduct an inspection right away and make decisions about security deposit deductions. This will save time and get the 18 day deadline started right away.
- Develop Good Tenant Relationships
Tenants are less likely to break lease agreements, pay rent late, damage property, and leave items behind if they have a good relationship with their landlord or property manager. Let us handle tenant relationships. We’ll establish a good relationship with our tenants and prioritize communication.
- Partner with Bell Properties
Professional property management can provide a rental experience that’s more pleasant and profitable. With a team of experts leasing, managing, and maintaining an investment property, there’s no need for property owners to be the first responder when it comes to things like abandoned property. We know what to do, and we’ll have the tools and resources in place already to take care of the situation. We know the laws. We understand the best practices. And, we have preventative measures in place to avoid long, expensive, and drawn-out situations where a property might be full of furniture, or tenants are not responding to requests to claim what belongs to them.
There are always variables and unique situations that need to be considered. If you’d like to talk about a particular situation you’re dealing with that involves abandoned property, or if you want some help with general property management in California, please contact us at Bell Properties.
