Evicting a tenant may not necessarily mean that landlords no longer have to manage tenant relationships. That tenant may have left some possessions in your property. You may think that the simple solution is to discard them, but this is not as easy as it may seem.
Landlords still need to allow tenants to retrieve the items they left behind. By giving them a reasonable time period for this task, you can avoid legal repercussions. It’s important to learn the correct process of returning possessions that tenants left behind after they were evicted.
Read this article to check the tips on the proper handling of a tenant’s possessions after they’ve moved out of your California rental property.
Why Did the Tenant Leave?
The first step to handling a tenant’s leftover items is to learn the reasons behind the eviction. This informs you what steps to take. State laws can differ in the duties of a landlord to return the belongings of an evicted renter.
Court orders will also differ per eviction and law officers will also be required to assist and direct the removal of a renter.
They need to identify items that can be sold or not to make up for the unpaid rent. Since removal cases are all unique, we will focus on the steps to take in dealing with the possessions of an evicted renter.
Should You Offer a Chance for Retrieval of Possessions?
Although each state may not obligate landlords to offer a certain period of holding the abandoned items of a renter, it is still advisable to do this. It will limit your exposure to potential conflicts that can lead to court battles.
You can provide a chance to return the belongings that evicted renters may find valuable. According to California landlord-tenant responsibilities, at least 18 days should be sufficient for interested renters to claim back their items. The costs of retrieving the items lie with the renters.
California landlords need to secure the renters’ belongings and store them properly. You also need to list the items abandoned by the renters and send it to them. The storage fee for the belongings left is charged to the renter as prescribed under California landlord-tenant laws.
Items left unclaimed are required to be auctioned off to the public if they are valued above $700. This information must be explained to the former renters as well in the notice you will be sending.
The sales proceeds will be turned over to the county once the costs are deducted. Landlords must ensure all these steps are documented and that proper communication with the tenants has occurred.
What Are the Legal Exceptions?
Landlords cannot get rid of or sell off motor vehicles and permanent fixtures that belong to renters. These items must be reported to the local police and labeled as abandoned. Permanent fixtures don’t need to be reported given that they are now affixed to your rental.
How to Notify a Tenant When Disposing of Abandoned Property
California landlords are required to send renters a notice when belongings are abandoned. Ensure the notice includes the following:
- Inventory list of possessions
- Storage place of the items
- Conditions to retrieve the items
- Storage fee
- Handling of unclaimed tenant belongings
Doing so ensures you are protected since you provided full information to the renters.
How to Handle Abandoned Possessions
Landlords must be ready to deal with tenant belongings that have been left behind. See the steps below:
1. Document All Tenant Items
Without supporting proof, it will be a challenge for landlords to make claims. You should always document possessions left by the tenants by taking pictures and videos. This includes the storage and treatment of abandoned items.
It is also vital to keep a copy of the notice sent to the renter to prove that you adhered to how the possessions of an evicted tenant are handled. If a lawsuit was filed, you can present this as evidence of compliance with the landlord-tenant laws.
2. Ensure That an Item Has Been Abandoned by the Renter
Evaluate if a tenant really has abandoned their possessions. Some tenants may simply forget to inform their landlord. If this is the case, simply disposing of their personal belongings is inappropriate.
3. Screen Tenants Thoroughly
Handling an eviction can lead to plenty of stress for landlords since you have to handle abandoned possessions carefully, create an inventory of the items, focus on proper storage and notify the renter.
One way to avoid all of this is by performing detailed tenant screening in the first place. When your tenant pays on time, follows property policies, and treats your rental unit well, eviction is prevented.
Go through the prospective resident’s tenant history and verify their income and employment. Review their credit score to see if they have healthy finances. You can also reach out to their former landlords to get all the critical information. This way, you'll select responsible, long-term tenants.
When to Let Go of Abandoned Tenant Possessions in Your California Rental
In California, you must:
- Not immediately discard items left by evicted renters
- Have the updated contact information of the renter
- Document tenant instructions over how their possessions should be treated and whether they allow them to be thrown away
- Follow the required holding period of tenant possessions before disposal
- Get ready to sell valuable items to make up for the unpaid rent
- Deduct storage fees of the abandoned belongings from the sales proceeds
Bottom Line
Landlords must take time to learn the California laws when it comes to the treatment of abandoned tenant possessions. If you want support for dealing with evictions and managing your rental space, contact Ratner Property Management today!
