Tenant Left Behind A Lot of Stuff - Okay To Throw/Give Away/Sell?

Question

I'm a relatively new landlord.  I did a friendly eviction with a tenant, but he ended up leaving a lot of his belongings behind.  Furniture, TV, bikes, etc.  He claims he can't afford to move it.  I've given him almost three weeks to come get it an he has not and didn't respond to my latest text.  I was going to have my assistant either sell what's sellable, and/or give away the stuff.  I'm in California.  I think the chances are very low, but I know it's always possible I could run into some legal trouble and want to make sure I'm not doing anything wrong before I get rid of the stuff?  I don't want to pay hundreds of dollars to have it hauled and stored, of course.  I don't have a deposit for this tenant, as I inherited him from the previous owner who used his deposit "for repairs" (who does that? lol).  Any advice would be appreciated.

Hubert Kim · Answer

There are specific processes dealing with abandoned property in California. Worst case, it can be very burdensome to a landlord. In your situation, whether through a friendly eviction or not, you are supposed to do the following:

• Confirm tenancy has been terminated and the tenant has left the premises. If confirmed, you may consider the property abandoned. 
• Inventory and store the property in a safe location (the rental generally is an appropriate location).
• Properly notice the former tenant of the property to pick up the property by a certain date. Storage costs may be required upon pick up.
• If the property is not picked up, you may dispose of it in the following manner: if you believe the property is worth less than $700, you may do whatever you want with it; if you believe the property is worth more than $700, then you must go through an auction process where after all costs and storage fees are paid, any leftover money must be turned over to the County.

My suggestion is if you believe the property to be greater than $700, work with the former tenant to a mutually agreeable outcome where you don't go through the process above. If under $700, go though the process above and just wait it out. I hope that helps and good luck!

Account Closed · Answer

@Bryant Brislin I went through this earlier this year, however it was not exactly friendly.  Basically the tenant stopped paying rent and utilities, had the water and electric shut off then abandoned the place with possessions left behind.  Once I had in writing that the tenant had abandoned the apartment I paid to have their possessions moved to a storage facility, where is was to be held for 30 days then disposed of.

They eventually showed up and asked for their possessions back, which I had to legally provide even though they owed thousands in back rent and unpaid utilities, plus damages.  For good measure they left the windows open in December apparently hoping for the pipes to freeze, but the water was turned off so you know.

It was incredibly frustrating, but you have to keep your cool and follow the law.  I am not in the process of trying to recover the unpaid amount, who knows if I will see any of it but I am still pursuing.

Interestingly enough 2 months after they received their possessions all of the sudden they claimed that things were missing and broken.  I told them that everything that was left in the apartment was cataloged and condition documented, and that the case had been turned over to our legal team.  Have not heard a word since then.

So from my experience a few pieces of advice. Make sure you have it in writing that they have moved out.  DOCUMENT everything you find in the apartment with pictured and videos the more the better.  Finally, follow the law or you will open yourself up to lawsuits.

For anyone who read the amount owed and thought it should never have been that high, you are correct.  I started the eviction process promptly after the first missed payment and 3 day notice.  I ran into a judge who delayed the eviction and only convenes once every 2 weeks.   Good luck

Scott Mac · Answer

@Bryant Brislin

Hi Bryant,

If California or the city requires you to move and store it, maybe think about offering him $100 to buy it from him and then just call Goodwill and let them move it.

Less cost to you, and he could probably use the $100.

Good Luck!

Kelly DeWinter · Answer

Friendly evictions can be an issue if you sell the tenants things. Basically you performed and eviction without going through the legal system. In some states you can be sued for an unlawful eviction.  Call him and pay a trash hauler to move his stuff to his new location. Next time evict through the courts.

Mark Fries · Answer

@Bryant Brislin

I would have all of that stuff listed on craigslist or FB marketplace for sale within minutes of him leaving the apartment... Use all the proceeds to cover the turnover costs.  You just wasted 3 weeks trying to be the good guy for nothing...

Account Closed · Answer

Don’t know the California laws. Just know it is simpler for you to just move their stuff to their next location.  Or if that isn’t possible move it to the nearest storage facaikity. Have them get a storage unit (heck pay for the first month) and get the stuff out of your property. Have them sign a thing saying everything was removed from your property and go about your day.

Lee Bell · Answer

maybe think about offering him $100 to buy it from him and then just call Goodwill and let them move it.

I like this idea. Definitely make sure to comply with CA and local law. You don't want to get penalized and fined.

JD Martin · Answer

In my state we have to hold their stuff for 30 days. Which is a hassle but that's the law. So you really need to know the law in your state.

Also I forgot to mention 2 things:

1. We have a storage area just for things like this - thankfully, has only come up once.

2. Our state allows you to sell items to recover costs, or you can just toss it all in the trash or have Salvation Army come pick it up.

Jo-Ann Lapin · Answer

I would call the apartment association of Orange County and get clarity and follow it to the t. My 2 cents .

Theresa Harris · Answer

The information I've seen says you need to send them an itemized list and then after 15 days you can do what you want with it.

Tenant Left Behind A Lot of Stuff - Okay To Throw/Give Away/Sell?

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