📋 Overview: Abandoned Personal Property

When a tenant moves out, is evicted, or abandons a rental property, they sometimes leave personal belongings behind. California Civil Code Sections 1983-1984 establish the procedures landlords must follow before disposing of this property. Failure to follow these rules can expose landlords to significant liability.

What Qualifies as "Abandonment"?

Voluntary Move-Out

Tenant gives notice, returns keys, but leaves some belongings behind. Most common scenario requiring abandoned property notice.

After Eviction

Sheriff executes lockout and tenant's belongings remain in unit. Landlord must still provide notice before disposal.

Apparent Abandonment

Tenant stops paying rent, does not respond to communications, property appears uninhabited. Requires notice of belief of abandonment.

Death of Tenant

Special rules apply when tenant dies. Property goes to estate, executor, or next of kin - different notice requirements.

The Two-Step Process

1
Send Notice

Written notice to tenant describing property and deadline to claim

2
Wait Period

15 days (personal delivery) or 18 days (mailed) before disposal

3
Dispose or Sell

After deadline: donate, discard, or sell at public auction if value over $700

Value Threshold Matters

The total value of abandoned property determines disposal options:

  • Under $700: Landlord may keep, donate, or discard after notice period
  • $700 or more: Must sell at public auction; landlord may deduct storage costs and sale expenses from proceeds; any surplus goes to county

For Landlords

  • Never dispose of property without proper notice
  • Photograph and inventory all abandoned items
  • Store property in a safe location during notice period
  • Keep copies of all notices and proof of delivery
  • Document property value with photos and estimates

For Former Tenants

  • Respond to abandoned property notice promptly
  • Arrange to retrieve belongings before deadline
  • You may be charged reasonable storage costs
  • Challenge improper disposal in small claims court
  • Keep proof of ownership for valuable items

📂 Evidence Checklist

Thorough documentation protects landlords from liability claims. I help landlords create proper records of abandoned property situations.

Documentation Requirements

Inventory with Photos

Detailed list of all items left behind with photographs. Include descriptions, condition, and estimated value of each item.

Video Walkthrough

Video recording of the unit showing all abandoned property in place. Timestamp and narrate what you observe.

Written Notice

Copy of the notice sent to tenant with all required information per CC 1983. Include property list and storage location.

Proof of Mailing/Delivery

Certificate of mailing, certified mail receipt, or declaration of personal delivery with date, time, and witness.

Determining Property Value

Fair Market Value

Value is what items would sell for in current condition - not original purchase price. Check resale sites for comparable items.

When in Doubt, Assume Over $700

If total value is uncertain, treat it as over $700 and follow public sale procedures to avoid liability.

Storage Documentation

Storage Location

Document where property is stored - on premises, off-site storage unit, etc. Storage must be reasonably secure.

Storage Costs

Keep receipts for any storage costs incurred. These are recoverable from the former tenant or from sale proceeds.

Pro Tip: Create a Standard Checklist

I recommend landlords maintain a standard abandoned property checklist for every move-out. Even when no property is left behind, document that fact with photos of the empty unit. This protects against later claims that valuable items were taken.

💰 Damages & Recovery

Both landlords and former tenants have financial interests in abandoned property situations. Understanding who can recover what helps resolve these disputes.

Landlord Recovery

Recoverable Costs Description
Storage Costs Reasonable cost of storing property during notice period - can be deducted from sale proceeds or charged to tenant
Moving Costs Cost of moving property to storage location if not left on premises
Sale Expenses Costs of public auction if property is sold - advertising, auctioneer fees, etc.
Cleaning/Disposal For property under $700, cost to haul away and dispose of unwanted items
Lost Rent If abandoned property prevents re-renting, landlord may claim lost rent in separate action

What Happens to Sale Proceeds?

When abandoned property worth $700 or more is sold at public auction, proceeds are distributed in this order:

  1. Reasonable storage costs incurred by landlord
  2. Sale expenses - advertising, auctioneer, venue
  3. Any amounts owed to landlord - unpaid rent, damages, etc.
  4. Surplus to county - remaining funds held for former tenant to claim

Landlord Rights

  • Charge reasonable storage fees during notice period
  • Require payment of storage before releasing property
  • Keep, donate, or discard property under $700 after notice
  • Recover storage costs from sale proceeds
  • Apply sale proceeds to amounts owed by tenant

Former Tenant Rights

  • Right to claim property during notice period
  • Right to proper notice before disposal
  • Right to claim surplus from public sale
  • Sue for improper disposal - actual value plus damages
  • Challenge "reasonable" storage costs as excessive

Tenant Can Sue for Conversion

If a landlord improperly disposes of tenant property - without notice, before the period expires, or without public sale for valuable items - the tenant can sue for conversion. Damages include the fair market value of the property, and courts may award punitive damages for willful violations.

📝 Sample Demand Language

Use these templates as starting points for abandoned property notices. California Civil Code provides specific required language that must be included.

Notice of Right to Reclaim Abandoned Property (Under $700)
NOTICE OF RIGHT TO RECLAIM ABANDONED PROPERTY (Personal Property Valued Under $700) TO: [FORMER TENANT NAME] When you vacated the premises at [RENTAL ADDRESS], the following personal property remained: [LIST ALL ITEMS - BE SPECIFIC] 1. 2. 3. You may claim this property at: [STORAGE LOCATION ADDRESS] Unless you pay the reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than [DATE - 18 DAYS FROM MAILING OR 15 DAYS FROM PERSONAL DELIVERY], this property may be disposed of pursuant to Civil Code Section 1988. The reasonable cost of storage is: $[AMOUNT] (through the deadline date above) Additional storage charges will accrue at the rate of $[AMOUNT] per day. 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. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME] [ADDRESS] [PHONE]
Notice of Right to Reclaim Abandoned Property ($700 or More)
NOTICE OF RIGHT TO RECLAIM ABANDONED PROPERTY (Personal Property Valued at $700 or More) TO: [FORMER TENANT NAME] When you vacated the premises at [RENTAL ADDRESS], the following personal property remained: [LIST ALL ITEMS WITH ESTIMATED VALUES] 1. [ITEM] - Estimated Value: $[AMOUNT] 2. [ITEM] - Estimated Value: $[AMOUNT] 3. [ITEM] - Estimated Value: $[AMOUNT] TOTAL ESTIMATED VALUE: $[AMOUNT] You may claim this property at: [STORAGE LOCATION ADDRESS] Unless you pay the reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than [DATE - 18 DAYS FROM MAILING OR 15 DAYS FROM PERSONAL DELIVERY], this property will be sold at a public sale after notice of the sale has been given by publication. The reasonable cost of storage is: $[AMOUNT] (through the deadline date above) Additional storage charges will accrue at the rate of $[AMOUNT] per day. 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. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME] [ADDRESS] [PHONE]
Notice of Belief of Abandonment (Premises)
NOTICE OF BELIEF OF ABANDONMENT TO: [TENANT NAME] PROPERTY: [RENTAL ADDRESS] The rent on the above-described property has been due and unpaid for 14 consecutive days, and the landlord believes that you have abandoned the property. The premises will be deemed abandoned within the meaning of Section 1951.3 of the Civil Code, and your lease will terminate on [DATE - 18 DAYS FROM MAILING], which is not less than 18 days after the mailing of this notice, unless before such date the undersigned receives at the address indicated below a written notice from you stating BOTH of the following: (1) Your intent not to abandon the property; AND (2) An address at which you may be served by certified mail in any action for unlawful detainer of the property. You are required to pay the rent due and unpaid on this property as required by the lease, and your failure to do so can lead to a court proceeding against you. Sincerely, _______________________________ [LANDLORD NAME] Address for response: [LANDLORD ADDRESS]
Former Tenant Request to Retrieve Property
[DATE] [LANDLORD NAME] [LANDLORD ADDRESS] Re: Request to Retrieve Personal Property Former Rental Address: [ADDRESS] Dear [LANDLORD NAME]: I am writing in response to your Notice of Right to Reclaim Abandoned Property dated [DATE]. I wish to retrieve the following items listed in your notice: [LIST ITEMS YOU WANT] I am available to pick up this property on the following dates/times: [LIST AVAILABILITY] Regarding the storage costs stated in your notice: [ ] I agree to pay the stated storage costs of $[AMOUNT] upon pickup. [ ] I dispute the storage costs as unreasonable. Please provide documentation of actual storage expenses incurred. Reasonable storage costs should reflect actual out-of-pocket expenses, not arbitrary daily charges. Please contact me at [PHONE/EMAIL] to arrange a time for pickup. If you dispose of my property before I have the opportunity to retrieve it, or if you charge unreasonable storage fees that prevent me from reclaiming my belongings, I reserve all rights to pursue legal remedies for conversion. Sincerely, _______________________________ [FORMER TENANT NAME] [CURRENT ADDRESS] [PHONE/EMAIL]
Landlord Response Denying Improper Disposal Claim
[DATE] [FORMER TENANT NAME] [FORMER TENANT ADDRESS] Re: Response to Property Claim Former Rental Address: [ADDRESS] Dear [FORMER TENANT NAME]: I am writing in response to your claim regarding personal property left at the above address. I properly followed all procedures required by California Civil Code Sections 1983-1984: 1. On [DATE], I sent you written notice of abandoned property by [first-class mail / personal delivery] to your last known address at [ADDRESS]. 2. The notice described the property, stated where it was stored, and gave you until [DATE] to claim it. 3. You did not claim the property or contact me before the deadline. 4. [IF UNDER $700:] The property was valued at less than $700 and was disposed of in accordance with Civil Code Section 1988. [IF $700 OR MORE:] The property was sold at public sale on [DATE] after proper notice. Proceeds were applied to storage costs, sale expenses, and amounts you owed. Any surplus was remitted to [COUNTY] County. I have documentation of all notices sent and procedures followed. Your claim for improper disposal is without merit. Sincerely, _______________________________ [LANDLORD NAME]

🚀 Next Steps

The proper handling of abandoned property requires following a specific timeline and process.

Abandoned Property Timeline

Day 0
Tenant Vacates

Document the condition of the unit and all property left behind. Take photos and video. Create detailed inventory.

Day 1-3
Prepare and Send Notice

Prepare notice with complete inventory. Mail to tenant's last known address (and any forwarding address). Keep proof of mailing.

Days 4-18
Waiting Period

Store property securely. If tenant contacts you, arrange pickup and collect storage fees. Document all communications.

Day 19+
Disposal

If property not claimed: under $700 - dispose as you choose. $700+ - arrange public sale, advertise, and conduct auction.

After Sale
Distribute Proceeds

Deduct storage and sale costs, apply to amounts owed, remit surplus to county. Keep records for at least 3 years.

Landlord Checklist

  1. Photograph everything - Detailed photos of all items
  2. Create inventory - Written list with descriptions and values
  3. Prepare proper notice - Use correct form for value threshold
  4. Mail notice - First-class mail with proof of mailing
  5. Store property securely - Safe location for 18 days
  6. Wait full period - Do not dispose early
  7. Document disposal - Photos/receipts of disposal or sale
  8. Keep records - All documentation for 3+ years

Former Tenant Options

  1. Review the notice - Check that it has all required information
  2. Act quickly - You only have 15-18 days
  3. Respond in writing - Request pickup appointment
  4. Challenge excessive fees - Storage must be "reasonable"
  5. Pick up property - Bring payment for storage
  6. If already disposed - Consider small claims suit
  7. Claim sale surplus - From county within 1 year

Never Skip the Notice

Even if property appears worthless, always send proper notice. A tenant who claims valuable items were inside that old furniture can sue you for conversion. The cost of sending notice is minimal compared to potential liability for improper disposal.

Special Situations

Death of Tenant: Special rules under Probate Code apply. Property generally goes to estate representative.
Motor Vehicles: Separate procedures under Vehicle Code. Do not dispose of vehicles using this process.
Manufactured Homes: Special rules under Civil Code 798.56a apply to mobilehome parks.

⚖ Attorney Services

I help both landlords and former tenants navigate abandoned property situations. Whether you need to properly dispose of items left behind or recover property that was improperly taken, I provide practical legal guidance.

For Landlords

Service Fee
Abandoned Property Notice - Properly drafted CC 1983 notice with inventory $450 flat fee
Notice of Belief of Abandonment - For premises abandonment situations $450 flat fee
Public Sale Coordination - Legal guidance for auctions of valuable property $240/hr
Defense of Conversion Claim - If former tenant sues for improper disposal $240/hr

For Former Tenants

Service Fee
Notice Review - Evaluate whether landlord followed proper procedures $240/hr
Demand for Return - Letter demanding return of improperly disposed property $450 flat fee
Conversion Claim - Sue for value of improperly disposed property $240/hr
Storage Fee Challenge - Dispute unreasonable storage charges $240/hr

Need Help With Abandoned Property?

Whether you are a landlord dealing with items left behind or a former tenant whose property was improperly disposed of, I can help you understand your options.

Book 30-Minute Consultation

Contact Information

For abandoned property assistance:
Email: owner@terms.law
Consultation Rate: $240/hour
Flat Fee Notice: $450
Book Online: calendly.com/sergei-tokmakov/30-minute-zoom-meeting