California: Deadbeat Roommate

[Luckyword]

I live in Los Angeles with three other roommates, and for our May rent, one of the roommates took off. He's not on the lease. He's agreed he's moving out and only answers his phone intermittently. He said he was going to move his stuff out. He also said he was going to pay May rent, but now, the other roommates are going to have to pay for the last 10 days of his rent. He gave our rental company a deposit which they used to pay for May rent, but he still owes them. We've since found a new roommmate who is going to move in June 1st. We're going to have to move the old roommates stuff into the living room this upcoming weekend so we can give space to the new roommate so he can move in. QUESTION: How long do we have to keep this guy's stuff before we can sell it/give it away? Thanks. David in Los Angeles.

 

[TinkerBelleLuvr]

Research the word "bailment".

 

[sandyclaus]

Disposing of Abandoned Personal Property

I live in Los Angeles with three other roommates, and for our May rent, one of the roommates took off. He's not on the lease. He's agreed he's moving out and only answers his phone intermittently. He said he was going to move his stuff out. He also said he was going to pay May rent, but now, the other roommates are going to have to pay for the last 10 days of his rent. He gave our rental company a deposit which they used to pay for May rent, but he still owes them. We've since found a new roommmate who is going to move in June 1st. We're going to have to move the old roommates stuff into the living room this upcoming weekend so we can give space to the new roommate so he can move in. QUESTION: How long do we have to keep this guy's stuff before we can sell it/give it away? Thanks. David in Los Angeles.

California law requires that you hold the property for at least 15 days before disposing of it. You must notify the former tenant of your intent to dispose of his property before doing so - send a certified letter return receipt requested to his current or last known address.

One the required period of time has passed, if the property is valued $300 or less, you can dispose of it as you wish. If it's over $300, you must sell the items and be prepared to give him the balance (minus any storage fees for holding it - or rent to cover the cost of the space it takes up). Or you MIGHT be able to offset this outstanding debt by applying the proceeds towards what he owes.

 

[JETX]

I live in Los Angeles with three other roommates, and for our May rent, one of the roommates took off. He's not on the lease.

Since he is NOT on the lease, that makes YOU (and your roommates) his landlord. As landlord, you have some specific requirements to handle a tenants abandoned property.

QUESTION: How long do we have to keep this guy's stuff before we can sell it/give it away? Thanks. David in Los Angeles.

First, you need to ignore the other 'advice' as it is NOT correct.

Here is a link to the California Consumer Affairs office detailing what you, as LANDLORD, must do:
Options For a Landlord: When a Tenant's Personal Property Has Been Left in the Rental Unit: Legal Guide LT-5 - California Department Of Consumer Affairs

Also: Dealing with Abandoned Property When the Tenant Vacates

He's agreed he's moving out and only answers his phone intermittently. He said he was going to move his stuff out. He also said he was going to pay May rent, but now, the other roommates are going to have to pay for the last 10 days of his rent. He gave our rental company a deposit which they used to pay for May rent, but he still owes them. We've since found a new roommmate who is going to move in June 1st. We're going to have to move the old roommates stuff into the living room this upcoming weekend so we can give space to the new roommate so he can move in. QUESTION: How long do we have to keep this guy's stuff before we can sell it/give it away? Thanks. David in Los Angeles.[/QUOTE]