California Notice to Reclaim Abandoned Property (over $700)

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This notice is given to a tenant who has vacated the rental unit but left personal property behind. The value of such property is worth over $700

Document Last Modified: 5/9/2023

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In order for the landlord to dispose of a tenant's abandoned property, certain procedures apply.
A Notice must be given to the former tenant(s) or the persons whom the landlord believes is the rightful owner of the abandoned property.
Please note: A notice may not be required for former tenants who were evicted under a writ of possession as generally such notice is contained in the writ of possession form which the sheriff is required to serve upon the evicted tenant or tenants.
The notice must specify the following:
1) Fairly detailed information about the property
2) The location of where the property is located or stored.
3) A deadline of when the property may be retrieved.
Evicted Tenants A tenant who is evicted under a writ of possession has 15 days after the landlord takes possession of the rental unit to pay reasonable costs of storage and to take possession of items left in the rental unit.
4) A statement as to what will happen to the property if the tenant or owner of the abandoned property fails to retrieve the contents by the deadline.
5) Tell the tenant or other possible owner whether reasonable costs of storage will be charged before the property is returned.
6) Deliver the notices to the tenants and other possible owners of the property.
7) Meet with the tenant and other possible owners when they come to claim the property.
8) If by the deadline, the tenant or other person pays the landlord any properly demanded storage costs, the landlord must release the property to the tenant or to any other person who the landlord reasonably believes to be its owner. 9) If the property is not released and if the landlord stated in his or her notice that he or she intended to sell the property at a public sale, the landlord must release the property to the former tenant if, before the actual sale, the tenant claims it and pays the reasonable costs of storage and of advertising the sale.

HOW TO HANDLE TO PROPERTY
If, after the deadline, there is any property which was not claimed by the tenants or any other people notified, depending on the circumstances, the landlord must do one of two things with the remaining property:
If the landlord reasonably believes that the property is worth less than $700, he or she may keep it, give it away, sell it or destroy it.

If the property is reasonably believed to be worth $700 or more, the landlord should arrange to have it sold at a public bidding sale after giving notice of the sale through publication. Both the landlord and the tenant have a right to bid on the property at the sale. After the property is sold, the landlord may deduct the costs of storage, advertising the sale, and conducting the sale. The remaining money must then be paid over to the county. The county can then give the money to the property owner if the owner claims the money at any time within one year after the date when the county received the money.

SERVICE OF THE NOTICE
The notice may be delivered to the tenant or other possible owner by either:
1) Personally delivering the notice; or
2) Mailing the notice by first class mail with postage prepaid to the tenant or other possible owner at her or his last known address.

IMPORTANT: If the landlord has reason to believe that the notice sent to the person's last know address will not be received by the person, the landlord must send in addition. the notice to any other address, if known, where it would be reasonable to expect the person to receive the notice. And, if the notice is sent by mail to the former tenant, a copy of the notice also must be mailed to the tenant at the address of the rental unit that the tenant vacated.

This is the California Notice to Reclaim Abandoned Property (over $700). This form is required in the state of California when a tenant leaves personal property within the rental unit after vacating. The value of such property is estimated to be more than $700.

Who: This document is for Tenants who have vacated a rental, leaving personal property behind. Such property is valued at more than $700.

What: This is the California Notice to Reclaim Abandoned Property (over $700).

When: Give this Notice to Tenants who have vacated a rental property, leaving personal property behind. The estimated amount of such property is valued at over $700.

IMPORTANT: If the tenant leaves personal property believed to be valued in excess of $700, the form needed would be: California Notice to Reclaim Abandoned Property (Under $700).

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