Referrals needed - abandoned property

Referrals needed - abandoned property

New to Real Estate · Bay Area, CA · Member since 2019 · 6 posts · 3 votes

Hello BP Community!  

I'm looking for some assistance for my father.  He has a rental property in Rio Vista, CA.  He had long term tenants that would pay regularly then not, catch up, and the cycle continued.  To complicated things more, they left the state and didn't actually live in the property for about 5 years.  During this time, when my father would reach out and request access to the property they would say no, they are coming back and do not want him inside without them there.

My father's second wife passed and he wants to move from his current home to the rental property so he finally terminated their lease.  It's been over 5 months and the former tenants have yet to come gather their belongings - a lot of cloths, misc stuff, furniture and 2 vehicles in the garage.  The "value" would certainly be considered over $700 without the cars.  My father has sent them formal letters, and extended their deadline to get their belongings several times.  They have promised they were on their way several times then went quiet.  He finally gave them a Last and Final notice, which they didn't respond to until the last day of the waiting period when they called and begged him not to give them more time.  He said no.  

He understands that he needs to have the personal property auctioned, after advertising the auction for at least a week, etc.  Does anyone have recommendations for auction firms that can manage this?  

With regards to the vehicles - any advise on those?  They are stored in the garage so he is unsure if the city will tow them since they are inside and not on the street.

Any advice and recommendations you can provide would be greatly appreciated.

Thanks in advance!

Sue

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Member since 2020 · 983 posts · 1k+ votes
5y

To get rid of, or to  keep vehicles go the the DMV and file a lien against the vehicles and then you get to keep them. I know many people who did this with boats, motorhomes and vehicles. I and sure the DMV will help you. Then, when you get the vehicles in your name you can keep them or give them away.

I am guessing that you checked California's Real Estate laws for abandonment of a rental unit by a tenant. If not, the laws are fairly simple and you need to take over the property legally, or get into trouble.

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  • Member since 2020 · 983 posts · 1k+ votes
    5y

    To get rid of, or to  keep vehicles go the the DMV and file a lien against the vehicles and then you get to keep them. I know many people who did this with boats, motorhomes and vehicles. I and sure the DMV will help you. Then, when you get the vehicles in your name you can keep them or give them away.

    I am guessing that you checked California's Real Estate laws for abandonment of a rental unit by a tenant. If not, the laws are fairly simple and you need to take over the property legally, or get into trouble.

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    5y

    I suggest you pay to consult with a qualified attorney who can direct you so that nothing comes back to bite your father.  Even if someone responds who has done close to what you describe the odds that it is in the same jurisdiction with the same rules and the exact same situation is remote.

    Better safe than sorry.  Consult a qualified expert that will be available if there ends up being adverse repurcussions.

    Good luck.

  • Member since 2020 · 983 posts · 1k+ votes
    5y

    I just remembered what you call it. You want to do a Lien Sale at the DMV to get them in your name.

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