California Notice of Belief of Abandonment
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The California Notice of Belief of Abandonment is given when the landlord or agent believes that the tenant has abandoned the property.
Document Last Modified: 5/9/2023
Document Features
State-Specific See State Specific Clauses
State Specific Clauses
CA State Assist
Cal. Civ. Code Section 1951.3.
(a) Real property shall be deemed abandoned by the lessee, within the meaning of Section 1951.2, and the lease shall terminate if the lessor gives written notice of his belief of abandonment as provided in this section and the lessee fails to give the lessor written notice, prior to the date of termination specified in the lessor's notice, stating that he does not intend to abandon the real property and stating an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property.
(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.
(c) The lessor's notice of belief of abandonment shall be personally delivered to the lessee or sent by first-class mail, postage prepaid, to the lessee at his last known address and, if there is reason to believe that the notice sent to that address will not be received by the lessee, also to such other address, if any, known to the lessor where the lessee may reasonably be expected to receive the notice.
RENTAL CONTROL LAW
Some California cities have rent control ordinances, that limit or prohibit rent increases. Some of these ordinances specify procedures that a landlord must follow before increasing a tenant's rent, or that make evicting a tenant more difficult for a landlord. Each community's ordinance is different.Some cities have boards that have the power to approve or deny increases in rent. Other cities' ordinances allow a certain percentage increase in rent each year. Because of recent changes in State law, all rent control cities now have "vacancy decontrol." This means that the landlord can re-rent a unit at the market rate when the tenant moves out voluntarily or when the landlord terminates the tenancy for nonpayment of rent.
Some ordinances make it more difficult for owners to convert rentals into condominiums.
Los Angeles rent control information, ordinances and forms may be found at the Los Angeles County Housing Department web-site.
IMPORTANT: If you have a rental unit within a locality that is rent controlled, contact the locality or jurisdiction for the proper procedures to renew a lease, terminate a lease or evict a tenant!
While no one wants to be a situation where a tenant abandons the property, unfortunately, it happens. So what do you do when your tenant is two weeks behind on rent and you have not been able to get in contact with them? Or perhaps, there are other red flags that the tenants have abandoned the property, such as not checking the mail for an extended period of time, the premises becoming unkempt, or you and the neighbors not seeing the tenants for a period of time. There may be several other factors that lead a landlord to reasonably believe that a tenant has abandoned the property. The California Notice of Belief of Abandonment is for these situations exactly.
Under California law, if after 14 consecutive days of non-payment of rent landlords believe their tenants may have abandoned the property the landlords must send the tenants a notice of belief of abandonment. This document clearly sets forth the provision of California law that requires notice to be sent, explains the consequences. The California Notice of Belief of Abandonment is concise and clearly addresses the issues, while informing tenants that their lease agreement will terminate at least 18 days from the date the notice was mailed or 15 days from delivering the notice in person.
The document explains the tenants’ obligations if they would like to remain in the property. If the tenants wish to remain in the property they must respond to the notice confirming they did not intend to abandon the property and providing an address where they can receive certified mail in case they will be served for an unlawful detainer action. This document clearly sets forth the terms and gives the tenants an opportunity to respond prior to the landlord taking further action to terminate the lease agreement.
California State Specific Documents
- California Security Deposit Accounting Statement: This form makes it EZ for Landlords to comply with California’s specific requirements regarding the accounting of security deposits.
- California 30-Day Notice to Vacate: This is the form Landlords need to end a month-to-month Lease or a Lease with a tenancy period of less than one year.
- California 60 Day Notice to Vacate - At-Fault Just Cause: The California 60 Day Notice to Vacate At-Fault Just Cause ends a periodic tenancy that is for more than one year and not a rent-controlled jurisdiction.
- California 60-Day Notice to Vacate for Non-Exempt Properties - No-Fault Just Cause Lease Termination: California Landlords can provide Tenants with a 60-day Notice for no-fault just cause evictions, which must inform Tenants of their right to receive relocation assistance.
- California Notification of Pre-Move Out Inspection: California Landlords are required to give Tenants written notification of their right to request a pre-move out inspection. This form makes it EZ to do!
- California 3-Day Notice to Pay or Quit: This form is for Tenants that are behind on rent and a necessary step prior to filing for eviction.
- California 3-Day Notice to Perform or Quit: If you have a Tenant that is breaking the Lease but the violation can be fixed, this is the form you need.
- California Notice to Reclaim Abandoned Property: If a Tenant leaves unclaimed property in a rental unit that appears to be worth more than $700, this form is required.
- California Notice of Belief of Abandonment: If a Tenant has missed at least 14 days of rent and you believe they have abandoned the property, this notice must be sent to Tenants.
- California Unlawful Detainer Complaint: This is the complaint Landlords use to officially initiate eviction proceedings. This can be used when a Tenant has violated the Lease Agreement and been served proper notice.
- California AB 1482 Rent Control & Eviction Exemption Form: California Landlords must provide Tenants with this Notice of Exemption if their property is exempt from the requirements of California AB 1482. California Accessibility and Americans with Disabilities Act: A landlord should include this form in a commercial lease to state whether or not the premises has been inspected by a Certified Access Specialist.
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- California Flood Disclosure: This form is an easy way for California Landlords to comply with required statewide flood disclosures and to give Tenants all necessary notice of flood risks.
- California AB 1482: The California Tenant Protection Act requires this document, a written disclosure concerning two requirements: 1. Limits on rent increases and 2. a statement of cause in notices to terminate a tenancy.
- California Water Meter Disclosure: California Landlords that charge Tenants separately for water usage or those required to use water submeters must provide Tenants with a Water Meter Disclosure.
- Information on Dampness and Mold for Renters in California: Information on Dampness and Mold for Renters in California
- 15 Day Notice to Pay or Quit: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
- California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities: This is the California Guide to Residential Tenants' And Landlords' Rights And Responsibilities.
- California Rental Application: This Rental Application will provide the landlord with the necessary information about the inquiring applicants, excluding the marital status question.
- California Family Daycare Q&A for Landlords: An informative guide for the landlord regarding the requirements needed for a tenant to run a home daycare in a rental property.
- California Non-Residential Building Energy Disclosure Program Information: California Landlords who rent non-residential property must comply with the California Nonresidential Building Energy Use Disclosure Program.
- California Notice of Pest Control Treatment: California Landlords are required to give renters notice any time the Landlord uses pesticides to treat a rental unit. Ours is EZ to customize & download.
- California Quitclaim Deed: This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.
- Declaration of COVID-19-Related Financial Distress: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.