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https://homeguides.sfgate.com/landlord-rights-tenants-belongings-california-49471.html

 

What might be your prized possessions may become your landlord's garbage when you leave them behind when moving out of your rented residence in California. The landlord has the right to remove your possessions and charge you the cost of storage. The landlord does not become the legal owner of any items you've abandoned, however. Rather, she must follow certain legal procedures for disposing of the items before returning any profit back to you.

Tip

Garbage is garbage and the landlord has the right to remove trash, food in the refrigerator and cupboards and even old bottles. He can also charge against your security deposit for cleaning up the unit.

No Self-Help Evictions in California

California state law does not permit any kind of landlord self-help regarding evicting a tenant. This includes the removal of or interference with the tenant's belongings. After the court has ruled in favor of the landlord, an order for the actual physical removal of the tenants will be carried out by a sheriff. However, only the tenants will be removed, not their possessions. Any tenant belongings still in the residence at the time will remain in the home.

After the Eviction

The evicted tenants always have a right to get back their belongings that were left behind. They must send a written request within 15 days of the eviction to the landlord to be let back in to the home to retrieve their possessions. The landlord has the right to collect storage fees equivalent to one day's worth of rent for each day that has passed. It is not legal for the landlord to demand any other monies, including any unpaid past rent or expenses.

Voluntary Move Out

The landlord has the right to remove any possessions of a tenant who has voluntarily moved out and he can put those possessions in storage. The landlord must wait 18 days to dispose of the belongings. If the landlord receives a written request within that time from the tenants to claim their things, the landlord can request reimbursement for the moving and storage costs in writing within five days of receiving the tenants' written claim. The tenants will then have three days to pay these charges, or the landlord can dispose of the property.

Understanding Other Provisions

If tenants do not act within the legal time frame to retrieve their belongings, then the landlord has the right to dispose of the things. If the items have a total value of less than $700, the landlord can keep them. Otherwise, he must sell them at auction and keep the proceeds to cover costs. Any cash that's left over must be returned to the tenant. The landlord is not legally liable for any claims made by a second tenant, such as a roommate, after properly acting on the claim of the first tenant.