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California property abandonment

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drmarkan

Junior Member
I was wondering if you may be able to give me a little advice? I live in California and a roommate of mine moved out in the middle of May. She left some stuff at the house, and after speaking with her several times on the phone as well as text messaging her with replies from her, she still has not come to get the stuff. Do I have to hold the stuff. A little background to my situation follows. My parents own the house, but I am in charge of getting roommates. So I am not technically the landlord because we all pay rent to them. I do want to handle this matter myself though because my roommates and I are the ones that have to put up with her stuff taking up space in the garage. I really appreciate any information you can give me, or if there is anyone else out there that can help I'd appreciate it.
 


drmarkan

Junior Member
Thank you for the advice on starting a new thread. I would not mean to hi jack someone elses thread. I appreciate any help you can give me on the above issue.
 

ENASNI

Senior Member
OTay

THis is what I found on the law
http://www.dca.ca.gov/legal/lt-5.html

What your PARENTS have to do... is up to them


Good luck.. did you delete the other post.. no matter that was a dead thread anyway... post back if that info has any other questions. there is a CA lawyer here. He is harsh but he knows the law.. Good luck!
 

drmarkan

Junior Member
Thanks for the link. It helped somewhat. The problem is that I have talked to the tenant on a number of occasions, and she keeps saying she is going to pick the stuff up, and then she just doesn't show. It can get frustrating.
 

I AM ALWAYS LIABLE

Senior Member
drmarkan said:
I was wondering if you may be able to give me a little advice? I live in California and a roommate of mine moved out in the middle of May. She left some stuff at the house, and after speaking with her several times on the phone as well as text messaging her with replies from her, she still has not come to get the stuff. Do I have to hold the stuff. A little background to my situation follows. My parents own the house, but I am in charge of getting roommates. So I am not technically the landlord because we all pay rent to them. I do want to handle this matter myself though because my roommates and I are the ones that have to put up with her stuff taking up space in the garage. I really appreciate any information you can give me, or if there is anyone else out there that can help I'd appreciate it.

My response:

How much do you estimate "the stuff" is worth?

IAAL
 

I AM ALWAYS LIABLE

Senior Member
drmarkan said:
I would estimate about $300.00 max. Some clothes, and other boxes that I didn't want to go through.

My response:

Print this letter, fill in the blanks, keep a copy, and mail it to her by Certified Return Receipt mail.


NOTICE OF RIGHT
TO RECLAIM ABANDONED PROPERTY

To: (Name of former tenant)
----------------------------------------
(Address of former tenant)
----------------------------------------
When you vacated the premises at .................... (address of premises, including room or apartment number, if any), the following personal property remained: ......................... (insert description of the personal property).
You may claim this property at .................... (address where property may be claimed). Unless you pay the reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than ..............(insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail), this property may be disposed of pursuant to Civil Code Section 1988.
(Insert here either of the following statements, as applicable):
[If property believed worth $300 or more ]: If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the cost of storage, advertising, and sale is deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.
[If property believed worth less than $300 ]: Because this property is believed to be worth less than $300, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.

Dated: ......................
___________________________________
(Signature of landlord)
___________________________________
(Type or print name
of landlord)
___________________________________
(Telephone number)
___________________________________
(Address)
 

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