How much are leftover belongings worth?

Legal Q&A: How much are leftover belongings worth?

June 26, 2014

Question: A tenant has left a lot of personal property after vacating. How do I determine the value of the items left behind?

Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Online resources such as Craigslist can be used to help substantiate a value assigned to an item. Remember that it is replacement value, not the cost of purchasing a new item, that’s important in determining what you can do with the property. After you’ve provided proper notice, unclaimed property worth less than $700 can be disposed of any way you see fit. If it’s worth more, it must be sold publicly with profits going to the county.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: My company policy is to have the computer system print notices to pay rent or quit that just state who is to receive payment, but there is no blue ink signature. Does this make them invalid?

Answer: California law requires that a person be named as agent for receiving payment in person on the notice, the address, telephone number, and hours/days of availability of this person be provided, but there is no requirement that this person sign the notice. However, it is a good idea that the notice be signed to give it the personal touch and show the tenant that the information has been reviewed and is accurate.

Question: I served a 60-day notice to terminate tenancy, but they have failed to pay their rent. Can I now serve a three-day notice to pay rent or quit or will that invalidate the 60-day?

Answer: As long as the notice to pay rent or quit does not demand rent for a period of time after the expiration of the 60-day notice, the three-day notice does not override the 60-day notice, and you can file the eviction as soon as the 3-day notice expires.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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