California Apartment Association

Abandonment of Real and Personal Property

California state law outlines specific notice requirements and waiting periods that owners of rental property must follow if they believe that the rental unit has been abandoned and/or personal property has been left behind by the resident. This is an out-of-court procedure that will give landlords protection from liability when they take possession of the property without going through the eviction process. This procedure is available under the law to create liability protection if the landlord follows the procedure properly. In any event, however, it does not ensure that the landlord will not be challenged in court. One of the conditions is the landlord’s “reasonable belief” that the unit has been vacated by the tenant without an intent to return. What is “reasonable” is open to opinion and argument. The process takes a minimum of 18 days to complete.

This information is intended as a general overview. There are many technical requirements and legal provisions that apply. When proceeding for the first time or especially when moving forward with the sale of a former tenant’s personal property, you should consult legal counsel. CAA provides forms that meet the specific requirements of this law.