Larry Landlord owns a warehouse that he leases to Gary Geezer, an antiques dealer. Gary uses the warehouse as storage for antique treasures that don't fit in his store, Radical Relics. Gary is a solid tenant who pays his rent on-time each and every month.
After five years of timely payments, Gary becomes delinquent on his rent payments. Larry lets the first month slide as Gary has always been a good tenant. Two months later and Gary still hasn't paid the rent. Larry tries calling Gary but his phone has been disconnected.
1) What should Larry do to evict Gary?
2) If Gary doesn't claim his property, what can Larry do?
1) Larry should serve Gary with a Notice of Belief of Abandonment.
A Notice of Belief of Abandonment can be served in accordance with California Civil Code section 1951.3 when rent has been due and unpaid for more than 14 consecutive days and the landlord believes that the tenant has abandoned the property. The notice is intended to alert the tenant to the fact the landlord believes he or she has abandoned the property and allow the tenant to claim his or her right of possession.
The notice can be served by handing it to the tenant or posting it in a conspicuous place on the property and mailing a second copy of the notice to the tenant's last known address. The tenant has 15 days from personal service or 18 days from post/mail to provide a writing indicating their intent not to abandon the property. If Gary does not respond within the requisite time, Larry can take possession of the premises.
2) Larry's course of action is determined by the value of the property present in the premises. If Larry reasonably believes that the resale value of the property left on the premises is worth under $700.00, then he can keep the property for himself and do with it as he pleases. If he reasonably believes the property is worth more than $700.00, then he must serve the tenant with an additional notice and store the items on the property or in a storage facility until 18 days from mailing the notice. If Gary does not reclaim the property within the requisite amount of time, Larry is free to keep, sell or trash it.
The attorneys at The Rad Firm, APC can help you deal with the abandonment of your property. We have the forms and familiarity with the process to ensure you are properly guided. If you think your tenant has abandoned your property, call us to determine the best course of action for you.
