You’ve just finished the eviction process, or maybe your tenant’s lease ended and they moved out. You unlock the door expecting to find an empty unit, ready to clean and prepare for the next renter. Instead, you’re staring at a furnished living room, closets full of clothes, and boxes stacked everywhere. Your immediate thought is probably to haul everything to the curb so you can get the place rent-ready again.
Stop right there. That single decision could cost you thousands of dollars in legal fees and damages.
California doesn’t allow property owners to simply toss out items left behind by former tenants, even if they look completely worthless. The state requires specific procedures, and missing even one step opens you up to serious liability. We’ve handled hundreds of these situations in San Francisco, and we’ve watched too many well-meaning landlords turn simple cleanups into legal nightmares by acting too quickly.
When Is Property Actually Abandoned?
First things first: you need to be absolutely certain the property has been abandoned. This sounds obvious, but it’s trickier than you might think.
California Civil Code Section 1951.3 says you can consider property abandoned when rent hasn’t been paid for at least 14 straight days AND you have good reason to believe the tenant is gone for good. What counts as “good reason”? The utilities have been shut off. Neighbors say they haven’t seen anyone there in weeks. Mail is piling up at the door. Or the tenant told you directly they moved somewhere else.
But you can’t just guess. Courts hold landlords to what a reasonable person would conclude based on the facts. Act too fast, and the tenant can claim you illegally interfered with their belongings.
You’re on solid ground in three situations. One, the tenant handed over the keys and told you they’d moved out. Two, the sheriff locked them out after you won an eviction case. Three, you sent a Notice of Belief of Abandonment under Civil Code Section 1951.3 and the tenant never responded within the deadline.
These are your safe harbors. If none of these apply, you can’t touch anything yet, even if the rent is seriously overdue.
What the Law Requires You to Do
California Civil Code Sections 1980 through 1991 lay out exactly how to handle abandoned tenant property. These rules protect both you and your tenants. Follow them correctly, and you’re shielded from liability. Skip a step, and you’re exposed.
Document Everything First
The second you realize items were left behind, grab your phone and start taking pictures. Date-stamped photos of every room. Then write down everything you see in detail.
This isn’t busy work. It’s your insurance policy if the tenant later claims you stole their stuff or damaged valuable items.
Don’t write vague descriptions like “some furniture” or “clothes.” Be specific. “Brown leather recliner with cigarette burn on left armrest.” “Approximately 20 items of women’s clothing on hangers in master bedroom closet.” “Samsung 32-inch flat screen TV with cracked screen.”
Courts have sided with tenants when landlords couldn’t prove what was actually left behind.
Store It Safely
After documenting everything, you’ve got two choices. Leave the items in the vacant unit, or move them to storage. Either way, you need to take reasonable care of the property. Lock the unit securely. If you’re using a storage facility, make sure it protects items from weather and theft.
Here’s what you absolutely cannot do: put anything on the curb, in the dumpster, or in common areas before the waiting period ends. That’s illegal dumping at best, and at worst, it destroys your legal defense if the tenant sues.
Send the Right Notice
Civil Code Section 1983 requires specific information in your notice, and missing any element can invalidate it. Describe the property clearly so the tenant knows what you’re referring to, include the pickup address, and set a deadline of 15 days for hand-delivered notice or 18 days for mailed notice. Tell them about storage costs, what happens if they don’t claim items, and specify whether the total value is under or over $700.
Mail the notice to the tenant’s last known address using regular first-class mail. If you believe they won’t receive mail there, send copies to any other address where they might get it. You must also send a copy to the address they vacated.
You don’t need certified mail, but keep proof that you sent the notice. That receipt could protect you if the tenant disputes the process later.
The Two-Day Window You Need to Know About
If your tenant shows up within two days of moving out and their property never left the premises, they can grab everything without paying you a dime for storage. This makes sense when you think about it. Maybe they needed to arrange for a truck or get help moving heavy furniture.
After those two days pass, you can charge reasonable storage fees. “Reasonable” means actual costs you paid for a storage unit, or the fair rental value of space if you kept items on your property. You can’t pad the bill or make up numbers.
The $700 Dividing Line
The total value of abandoned property determines what you can do with it. California currently sets that threshold at $700 in resale value.
Items Worth $700 or Less
When everything adds up to $700 or less, Civil Code Section 1988 gives you flexibility once the waiting period ends. You can keep it. Sell it however you want. Give it to charity. Or throw it away.
The key here is “resale value,” which means what you could actually get for used items at a yard sale or thrift store, not what they cost new. That three-year-old couch the tenant paid $1,500 for? It’s probably worth $200 now. Used clothing? Maybe $50 total unless we’re talking designer pieces with tags still attached.
Most abandoned property falls well below $700. But be honest when you’re adding things up. If you’re not sure whether items exceed the threshold, play it safe and use the auction process.
Items Worth More Than $700
Once the total value tops $700, you must hold a public auction. No shortcuts allowed.
First, advertise the sale in a local newspaper at least five days before the auction date. Then hold an actual public sale where people can bid against each other. You and the former tenant both have the right to bid if you want.
After the auction, add up what you spent on storage, advertising, and running the sale. Deduct those costs from what you collected. Within 30 days, you must send any leftover money to the county treasury along with a statement that includes the tenant’s last address and an explanation of how you tried to notify them.
The tenant gets one year to claim that money from the county. After that, it’s gone.
Running an auction takes time and costs money. Many landlords hire professional auctioneers or companies that handle abandoned property, which is fine as long as you deduct those costs from the proceeds.
Special Cases That Need Different Handling
Some items don’t fit the standard abandoned property rules.
Vehicles
Never try to sell or dispose of an abandoned car, truck, or motorcycle yourself. California Vehicle Code Section 22651 and Section 22658 control what happens to abandoned vehicles.
If the vehicle is on a public street, call local law enforcement per Vehicle Code Section 22651(k). They’ll handle towing and disposal. For vehicles on your private property, you can arrange towing under Section 22658, but you must follow specific procedures including proper signage.
Vehicles have titles and registration, which makes tracking down owners much easier. Let the DMV and police handle it.
Things Permanently Attached to Your Property
Sometimes tenants install ceiling fans, shelving, window air conditioners, or other fixtures. Once they move out, these typically become part of your property since they’re now attached to the building itself.
But if the tenant installed something without your permission, you can charge them for removal and repairs while still giving them back the fixture itself if they want it.
Actual Garbage
Rotting food in the fridge. Empty pizza boxes. Broken furniture that’s falling apart. Obviously worthless junk. You can toss this immediately without following abandoned property procedures.
Just be careful. What looks like trash to you might matter to someone else. That ratty leather jacket could be a family heirloom. Those dusty boxes in the corner might contain important documents or photos. When in doubt, include it in your inventory and notice.
Mistakes That Get Landlords Sued
We’ve seen the same errors over and over. Here’s what to avoid.
Acting Too Fast
Every day your unit sits vacant costs you money. We get it. The pressure to turn the place over quickly is intense. But disposing of property before 18 days have passed since you mailed the notice is asking for a lawsuit.
A landlord we know threw out what looked like worthless items after only a week because he was losing $3,000 a month in rent. The tenant had been in the hospital and returned to find everything gone. The lawsuit cost our colleague $15,000 in damages plus attorney fees. He would have been better off waiting the extra 11 days.
Skipping the Notice or Getting It Wrong
Some landlords figure nobody will care about the stuff anyway, so why bother with paperwork? Others send notices that leave out required information or have the wrong addresses.
Both approaches backfire. California courts consistently say you must strictly comply with the notice requirements to get the legal protection the law provides. A notice that’s missing key details might as well not exist.
Using Property as Leverage for Unpaid Rent
You cannot hold a tenant’s belongings hostage until they pay what they owe you. Period. The law is crystal clear on this.
Tenants must pay reasonable storage costs to get their property back, but you can’t tack on unpaid rent, cleaning fees, or damage charges. Civil Code Section 1987 addresses storage cost payments specifically.
If you try to use someone’s possessions as leverage for other debts, you’re violating the law and exposing yourself to substantial damages.
Not Keeping Good Records
Memories fade. Details get fuzzy. Conversations get misremembered. That’s why you need everything in writing.
Keep copies of every notice you send. Take those photos we mentioned earlier. Write down when you talked to the tenant and what was said. Save receipts for any storage costs you paid.
This documentation does two things. It proves you followed the rules if you end up in court. And it protects you when a tenant claims you had their grandmother’s diamond ring or a laptop worth $2,000 when your photos clearly show nothing of the sort was there.
How to Avoid These Problems in the First Place
The best abandoned property situation is the one that never happens.
Screen Your Tenants Carefully
Good tenants who pay on time and take their obligations seriously almost never abandon property. Your screening process should include checking rental history, searching eviction records, and actually calling previous landlords to ask how the tenant handled their move-out.
Watch for red flags like frequent moves, gaps in rental history, or negative comments from former landlords about how they left the property.
Put Clear Language in Your Lease
Your lease should tell tenants directly that they must remove everything by the time their tenancy ends. Explain that you’ll follow California law if they leave items behind, which means delays and storage costs.
These clauses don’t override state law, but they set expectations upfront. Tenants can’t later claim they didn’t realize they were supposed to take everything with them.
Do Pre-Move-Out Walkthroughs
California lets tenants request a pre-move-out inspection. We recommend doing these whether the tenant asks or not. Walk through with them while they still live there. Point out anything that needs to be done before they leave, including removing all their belongings.
This gives them time to deal with items they might have forgotten about and creates a record of what was there while they still had possession.
Keep Communication Open
Send move-out instructions several weeks before the lease ends. Remind tenants they need to remove everything. Point them toward resources like bulk trash pickup services, donation centers, and junk removal companies.
After they turn in keys, inspect the unit promptly. If you find abandoned items, try calling, texting, and emailing the tenant right away before you send formal notice. Many situations resolve quickly when people realize they forgot something.
Key Takeaways
- Confirm the tenancy actually ended through voluntary surrender, eviction, or the abandonment notice process. Don’t assume just because rent is late and nobody’s around that you can start throwing things out.
- Photograph everything and create detailed written inventories before you move or store anything. These records protect you if disputes come up later.
- Send proper written notice with all required information to the tenant’s last known address and the vacated premises. Use first-class mail and keep proof.
- 15 days for hand-delivered notice, 18 days for mailed notice. Don’t cut corners here no matter how much pressure you feel to get the unit ready.
- Items worth $700 or less can be kept, sold, donated, or disposed of after the waiting period ends. Items over $700 require a public auction with proceeds going to the county.
- Vehicles follow Vehicle Code procedures. Obviously worthless garbage can be tossed immediately. When in doubt, include it in the process.
- Maintain detailed documentation of every step you take. These records prove compliance and protect against false claims.
- Screen tenants thoroughly, use clear lease language, conduct pre-move-out inspections, and communicate throughout the process.
Common Questions About Abandoned Property
Can I just throw away abandoned property that looks worthless?
Only if it’s obviously garbage like spoiled food or broken items with zero value. Anything that could possibly matter to the tenant has to go through the full notice and waiting period process, even if you think it’s junk.
What if the tenant refuses to pay storage costs?
You can require payment of reasonable storage fees before releasing property. But those fees have to reflect actual costs you incurred or fair market rental value for the space. You absolutely cannot demand payment for unpaid rent or other debts. If the tenant comes back within two days and their stuff stayed on the premises, you can’t charge storage at all.
Can I keep valuable items the tenant left?
Only if the total value of everything is $700 or less and you followed all the notice requirements. For property over $700, you must auction it and send leftover proceeds to the county. Even with lower-value items, the tenant gets the full notice period to claim their belongings.
What if my notice comes back as undeliverable?
You have to send notice to the tenant’s last known address and any other address where you reasonably think they might get mail. You’re not expected to track down tenants who don’t leave forwarding information. As long as you made reasonable efforts, you’ve done your legal duty.
How do I figure out what abandoned property is worth?
Look at what similar used items actually sell for at thrift stores, yard sales, or online marketplaces like Craigslist or Facebook Marketplace. You’re valuing items at their current used condition price, not what they cost new. When you’re not sure if items add up to more than $700, research comparable sales or err on the side of doing the auction.
What happens if I already disposed of property legally and the tenant shows up later?
Once you followed all procedures correctly and the waiting period expired, the tenant lost their right to the physical property. They can’t get it back. However, if you sold items over $700 at auction and sent extra money to the county, the tenant has one year to claim those funds from the county treasury.
What should I do if I find documents, medications, or family photos?
Include these in your abandoned property notice. Even though they might have no resale value, they could be incredibly important to the tenant. Be especially careful with documents needed for taxes, legal issues, or identification. Consider setting aside papers that look important and making extra efforts to contact the tenant about them.
Let Us Help You Handle This Correctly
Getting abandoned property procedures right requires attention to detail and careful timing. One wrong move transforms a minor hassle into an expensive legal battle. At Steven Adair MacDonald & Partners, P.C., we help San Francisco landlords deal with these situations from start to finish without the stress and risk of going it alone.
Whether you’re dealing with abandoned property right now or you want to make sure your procedures will protect you down the road, we’re ready to help. We bring real experience with California landlord-tenant law and a practical mindset focused on getting results while keeping your risk as low as possible.
Don’t let abandoned property issues threaten your investment. Contact us today for advice tailored to your exact situation. We’ll look at your circumstances, walk you through your options, and help you move forward with confidence that you’re doing things right.