If a tenant moves out and leaves things behind, you can't just throw them away. California Civil Code §§1980–1991 require you to store the items, send a written Notice of Right to Reclaim, and wait at least 15 days (personally delivered) or 18 days (mailed) before disposing of anything. What you can do after that depends on whether the items are worth more than $700.
Here's the step-by-step process, plus the related rule for when a tenant seems to have vanished without handing back the keys.
Step 1: Confirm the Tenancy Has Actually Ended
The abandoned property rules apply after the tenancy is over: the tenant moved out and returned possession, the lease ended, or the sheriff completed an eviction lockout.
If you think the tenant left but aren't sure, don't start clearing the unit. Removing a tenant's belongings while they still have a right to possession is an illegal self-help eviction. See Step 6 for how to handle a unit that looks abandoned.
Step 2: Document and Inventory Everything
Before you touch anything, photograph or video every room. Then make a written inventory of what's left: furniture, electronics, clothing, boxes, and so on. This protects you if the former tenant later claims something valuable was taken.
Step 3: Store the Property Safely
You can leave the items in the vacated unit or move them to a safe storage place. You must use reasonable care. You're not liable for loss or damage unless it was caused by your deliberate or negligent act.
Step 4: Send a Notice of Right to Reclaim Abandoned Property
The notice must:
- Describe the property clearly enough that the tenant can identify it
- Say where the property can be claimed
- Give a deadline to claim it: at least 15 days after personal delivery, or at least 18 days after mailing
- Explain that the tenant must pay reasonable storage costs before taking the property
- State whether you believe the property is worth less than $700, or whether it will be sold at a public sale
How to send it: mail it by first-class mail to the tenant's last known address. If you think the tenant won't get mail there, also send it to any other address where they might receive it, and send a copy to the vacated unit. You may also email it if you have the tenant's email, but email alone doesn't satisfy the requirement.
Storage costs: you can require the tenant to pay reasonable storage costs before releasing the items. But if the tenant claims the property within 2 days of moving out and it stayed in the unit that whole time, they owe nothing.
Step 5: Dispose of Unclaimed Property the Right Way
If the deadline passes and the tenant doesn't claim the property, what you can do depends on its total resale value — what it would realistically fetch used, not what it cost new.
| Total resale value | What you can do |
|---|---|
| Less than $700 | Keep it, sell it, donate it, or throw it away |
| $700 or more | Sell it at a public auction with competitive bidding, after publishing notice of the sale in a local newspaper at least 5 days before |
After an auction, you can deduct storage, advertising, and sale costs. The remaining balance goes to the county treasury, where the former tenant can claim it within a year.
Be honest about value. A 3-year-old couch the tenant paid $1,500 for might resell for $200. But if you're unsure whether the total tops $700, use the auction process to be safe.
Step 6: When the Tenant Disappears Mid-Lease
Sometimes a tenant stops paying and seems to have left, but never gives notice or returns the keys. California Civil Code §1951.3 gives you a way to formally end the tenancy:
- Rent must be unpaid for at least 14 consecutive days.
- You must reasonably believe the tenant has abandoned the unit.
- Serve a Notice of Belief of Abandonment, personally or by mail to the last known address.
- If the tenant doesn't respond in writing within 15 days (personal delivery) or 18 days (mailed) saying they haven't abandoned the unit and giving an address for service, the unit is legally deemed abandoned.
If the tenant responds that they're still living there, you'll need to use the normal eviction process instead.
After an Eviction Lockout
When the sheriff removes a tenant after an eviction judgment, the landlord must store the belongings left behind for a set period and release them if the tenant pays reasonable storage costs. After that period, unclaimed items can be disposed of under the same value rules. Check with your attorney or the sheriff's office on the exact post-lockout procedure.
Common Mistakes
- Throwing items in a dumpster the day after move-out
- Keeping valuables to offset unpaid rent (items worth $700+ must go to auction)
- Skipping the written notice because "the tenant knows where their stuff is"
- Clearing out a unit that only looks abandoned without using the §1951.3 notice
Frequently Asked Questions
How long do I have to keep a tenant's belongings in California?
At least 15 days after personally delivering the Notice of Right to Reclaim, or 18 days after mailing it.
Can I charge the tenant for storage?
Yes, reasonable storage costs, unless they claim the items within 2 days of moving out and the items stayed in the unit.
What if the items are clearly trash?
The notice and waiting period still apply to personal property. Document everything with photos first. When in doubt, include it in the notice.
Do these rules apply to a tenant's car?
Vehicles have separate rules. Contact local law enforcement about an abandoned vehicle rather than disposing of it yourself.
Bottom Line for Landlords
- Never throw out a former tenant's belongings without written notice.
- Photograph and inventory everything, then store it safely.
- Wait at least 15 days (personal delivery) or 18 days (mailed) before disposing of anything.
- Under $700, you can keep or dispose of it. At $700 or more, you must hold a public auction.
- If a tenant vanishes mid-lease, use the §1951.3 Notice of Belief of Abandonment first.
Keep a clean record of every move-out
LeaseConnectPro keeps leases, tenant contact info, photos, and notices together for every California unit, so you're ready if a dispute comes up.
Download Free →This article is for general informational purposes and isn't legal advice. Abandoned property procedures are technical. For your specific situation, consult a California landlord-tenant attorney.