property management company

[sunnydog]

What is the name of your state (only U.S. law)? ca
can a property management company gain access to the residence change the locks and place a abandonment letter on the door while we are in the process of moving, also alot of our porperty was stolen and the house was destroyed while we were moving out of state, the rent was paid untill the end of the month, this was all down before the lease was up. any info would be usefull. thanks...

 

[Cvillecpm]

Abandonment notice can be placed on the property and you should have NOTIFIED the management co of your move-out schedule and scheduled a pre-walkthrough per CA law....there is something else in the mix you are not disclosing!!

 

[JETX]

Contrary to C-Pills expected INCORRECT 'response'....

If your rent was paid in full for the full term of the lease, the landlord has NO legal right to remove any of your property or to remove the premises from your control before the end of the stated lease period.

Under California Civil Code, as follows, and since the OP says "the rent was paid untill the end of the month", clearly, the landlord was at fault for an IMPROPER assumption of abandonment.

1951.3.
(b) The lessor may give a notice of belief of abandonment to the lessee pursuant to this section only where the rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. The date of termination of the lease shall be specified in the lessor's notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail.

(e) The real property shall not be deemed to be abandoned pursuant to this section if the lessee proves any of the following:
(1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 14 consecutive days.
(2) At the time the notice of belief of abandonment was given, it was not reasonable for the lessor to believe that the lessee had abandoned the real property. The fact that the lessor knew that the lessee left personal property on the real property does not, of itself, justify a finding that the lessor did not reasonably believe that the lessee had abandoned the real property.
(3) Prior to the date specified in the lessor's notice, the lessee gave written notice to the lessor stating his intent not to abandon the real property and stating an address at which he may be served by certified mail in any action for unlawful detainer of the real property.
(4) During the period commencing 14 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the lessee paid to the lessor all or a portion of the rent due and unpaid on the real property.

Send (certified RRR) the landlord a written accounting of all the damaged, missing property with proof of CURRENT market value (not retail) and ask that they reimburse you for the loss. Give them a reasonable time to respond (5 days from receipt??). If the don't respond and if the amount of damages is less than $7500, sue them in the local small claims court.

 

[Baranov]

Once you abandoned the property and someone or persons unknown broke in and destroyed the contents and parts of the house... Yes, they had a right to secure the house and change the locks. I seriously doubt the management company is responsible for the damage. Expect a bill or a possible lawsuit.

 

[JETX]

Once you abandoned the property and someone or persons unknown broke in and destroyed the contents and parts of the house... Yes, they had a right to secure the house and change the locks. I seriously doubt the management company is responsible for the damage. Expect a bill or a possible lawsuit.

The OP said, "can a property management company gain access to the residence change the locks and place a abandonment letter on the door while we are in the process of moving".

Of course that has NOTHING to do with 'BarelyEnough' response... since he clearly lives in an IMAGINARY world.

 

[Cvillecpm]

"....can a property management company gain access to the residence change the locks and place a abandonment letter on the door while we are in the process of moving".

Yes, the property manager or property owner should have keys to their property and once the neighbors alerted them that your U-Haul had departed, they went to the property, saw the debris and remaining items, and since they did not KNOW what had happened, they changed the locks TO SECURE THE PROPERTY AS IS THEIR RIGHT AND RESPONSIBILITY and put the abandonment letter on the property advising you TO GET IN CONTACT WITH THEM!!

Obviously something happened between the time your UHaul or Penske (#2,#12,#77) left the property that alerted the property manager and you failed to advise them of your intentions to return AND CLEAN.

 

[JETX]

Yes, the property manager or property owner should have keys to their property and once the neighbors alerted them that your U-Haul had departed, they went to the property, saw the debris and remaining items, and since they did not KNOW what had happened, they changed the locks TO SECURE THE PROPERTY AS IS THEIR RIGHT AND RESPONSIBILITY and put the abandonment letter on the property advising you TO GET IN CONTACT WITH THEM!!

Obviously that is just more of your IMAGINARY crap.... and is absolutely NOT allowed by law.
Learn how to READ or have someone read the code to you. It is provided in my earlier post....

 

[Cvillecpm]

The pre-inspection requirement of 1950.5 of the CA Civil Code might be more appropriate since the termination of the lease/tenancy triggers it BEFORE abandonment.

 

[JETX]

The pre-inspection requirement of 1950.5 of the CA Civil Code might be more appropriate since the termination of the lease/tenancy triggers it BEFORE abandonment.

As expected, you just keep making crap up......

 

[JETX]

Nope. It is about ACCURACY.... something you have never heard of. Not only are you ignorant about the law, you just simply make crap up that was never said by the OP. The integrity of the thread can go along just fine until you (and a few others) post your random droolings in ignorance and give the OP incorrect 'advice' based on your incorrect assumptions.

You have made a few (very few) posts that were innocuous in their content and I don't respond to them at all. It is only the ones where you try to GUESS what you think.... where I respond trying to correct you.