Legal Q & A: Abandoned Personal Property

As our market continues to be dominated by REO properties, and will likely be for some time to come, frequent questions arise as to the appropriate way to dispose of Personal Property found on an abandoned property either by a landlord or by an REO agent . This issue is the subject of a legal Q & A on the CAR.org website along with many other legal issues.

 

Abandoned Personal Property After Termination of a Tenancy

 


Table of Contents

 

 I.

Introduction

 II.

Residential Tenancies 

 

    

A.  Landlord Request’s that Tenant Retrieve Property (Questions 1 – 18) 

 

     

B.  Tenant’s Request for Return of Property (Questions 19 – 23)

 

     

C.  Lost Property (Questions 24 – 25)

 

 III.

Commercial Tenancies (Questions 26 – 37)

 

 IV.

Abandoned Vehicles (Questions 38 – 41)

 

 V.

Additional Information (Question 42) 

 

I.  Introduction

After the termination of a tenancy, a landlord may find items of personal property left on the premises by either a former tenant or other persons. This legal article discusses California law regarding the disposition of abandoned property after the end of a tenancy.

II.  Residential Tenancies

The rules that apply for personal property left behind in a residential tenancy do not apply to manufactured homes or mobilehomes (Cal. Civ. Code § 1981).

For a complete summary of Q & A’s on this topic – please visit:

http://www.car.org/legal/2008articles/abandoned-personal-property/

 

Copyright© 2008 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). Permission is granted to C.A.R. members only to reprint and use this material for non-commercial purposes provided credit is given to the C.A.R. Legal Department. Other reproduction or use is strictly prohibited without the express written permission of the C.A.R. Legal Department. All rights reserved.

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  • Bob O’Toole

    What should we do after we foreclose on a house and now have a trust deed as ownership with the personal property left behind by the previous owner?

    • Depending on your state, there are rules in place governing that. If you have provided notice to remove you can either put it in storage for some period if you want to be a nice guy, or many people just call a ‘trash out’ service to come get the stuff. Check with your local association of Realtors for the rules in your area.