Short answer
Do not toss what a former tenant leaves. California's abandoned property law asks you to send a written notice describing the items, where to claim them and a deadline at least 15 days after personal delivery or 18 days after mailing. Store the items with reasonable care. If no one claims them, they go to public sale, unless you reasonably believe the total is worth less than $700, in which case you may keep or dispose of them.
The garage is full and the keys are back
Your tenant moved out of your Rocklin house last weekend. The keys came back, but the garage still holds a couch, a dozen boxes, a bike and a grill. You want to clean, repair and list the home, and hauling everything to the dump looks like the fastest step.
It is also the step most likely to cause trouble. Removing a tenant's belongings without written consent is unlawful self-help under Civil Code 789.3 unless you follow the abandoned property law. That law, Civil Code 1980 to 1991, gives you a clear path and protects you once you follow it.
First, make sure the tenancy has really ended
The notice procedure applies to personal property that remains after the tenancy has ended and the tenant has vacated (Civil Code 1981). If the tenant gave notice, returned the keys and moved, you are there.
A tenant who simply disappears is different. If rent has been unpaid for at least 14 consecutive days and you reasonably believe the tenant has left, Civil Code 1951.3 lets you serve a notice of belief of abandonment. The lease ends on the date in that notice, at least 15 days after personal delivery or 18 days after mailing, unless the tenant answers in writing first. Under Civil Code 1991, the belongings notice may go out at the same time, or be combined with it.
After a court eviction and a sheriff's lockout, property left behind follows the writ of possession and Code of Civil Procedure 1174, which points back to parts of the same Civil Code rules. A tenant who is still in possession is not covered by any of this; that is a late rent or eviction question, covered in the late rent guide.
The written notice, step by step
Civil Code 1983 sets what the notice must contain and how it is sent. Civil Code 1984 provides a form, Notice of Right to Reclaim Abandoned Property, that satisfies the requirements when used as written.
- Who gets it: the former tenant, and anyone else you reasonably believe owns any of the items (for example, a roommate's friend who stored a bike).
- What it describes: the property, clearly enough for the owner to identify it. A locked or tied container can be described as such without listing its contents. Items you leave out of the notice are not covered by the law's liability protection.
- What it says: that reasonable storage costs may be charged before the property is returned, where it can be claimed, and the date by which it must be claimed.
- The deadline: not less than 15 days after personal delivery, or not less than 18 days after mailing. These are calendar days.
- How it is sent: personal delivery, or first-class mail to the last known address, plus a copy mailed to the home the tenant vacated. If the tenant gave you an email address, you may also email it.
- The value statement: the form must say either that unclaimed property will be sold at a public sale after published notice, or that because it is believed to be worth less than $700, it may be kept, sold or destroyed without further notice.
| What was left | Which rule applies | First step |
|---|---|---|
| Furniture, boxes or tools after a normal move-out | Civil Code 1983 to 1988 | Photograph, then send the written notice |
| A few items clearly worth less than $700 | Same notice, with the under-$700 statement | Wait out the 15 or 18 days before disposing |
| Tenant vanished with rent unpaid 14 days or more | Civil Code 1951.3 notice of belief of abandonment | Serve that notice; the belongings notice can go with it |
| Belongings left after a sheriff's lockout | The writ of possession and CCP 1174 | Store the items safely and follow the writ's dates |
| A car in the driveway or garage | Vehicle Code 22658 | Written tow authorization and a call to police within one hour |
| A pet left in the home | Not the belongings law | Contact local animal services the same day |
Storing the items while the clock runs
Under Civil Code 1986, you may leave the property in the home or move it to a safe storage place. You must use reasonable care, and you are liable only for loss caused by your own deliberate or negligent act. Photograph everything before you move it.
If the former tenant or owner claims the property before the deadline and pays reasonable storage costs, you release it. Two details matter here. If the property stayed in the home and the tenant reclaims it within two days of moving out, you may not charge storage. If you store it on the premises, the storage cost is the fair rental value of the space reasonably needed, and you may not charge two people for the same costs (Civil Code 1987 and 1990).
After the deadline: public sale or the under-$700 rule
If no one claims the property in time, Civil Code 1988 requires a public sale by competitive bidding. Notice of the sale is published in a newspaper of general circulation in the county, with the last publication at least five days before the sale and not before the claim deadline has passed. After subtracting storage, advertising and sale costs, any money left goes to the county treasury within 30 days, and the former tenant can claim it from the county within one year.
If you reasonably believe the total resale value of the unclaimed property is less than $700, you may keep it or dispose of it in any manner. That is a judgment about resale value, not original price, so write down how you reached it and keep the photos.
Following the procedure is what protects you. Civil Code 1989 limits your liability once you release or dispose of property as the chapter describes. If you skip the steps, the chapter's protection does not apply.
Cars, pets and paperwork are different
A few kinds of property need a different approach:
- Vehicles. The Vehicle Code has its own removal rules. Vehicle Code 22658 lets the owner or person in lawful possession of private property improved with a single-family dwelling have a vehicle towed to a storage facility. You must notify local police within one hour of authorizing the tow and give the tow company a signed written authorization with the vehicle details and the reason.
- Animals. The abandoned property chapter does not apply to animals covered by the Civil Code's animal provisions or the Food and Agricultural Code. Contact local animal services rather than treating a pet as belongings.
- Records. Papers, photos and other records are presumed to belong to the former tenant for purposes of the notice.
- Manufactured homes and mobilehomes are outside this chapter entirely.
Keeping the file, and who handles it
Keep a copy of the notice, proof of mailing or delivery, the photos, any storage receipts and your value estimate in one folder. That same file supports the deposit return checklist, which runs on its own 21-day clock at the same time. SPMG's move-out procedures page describes its move-out inspections, photo documentation and deposit handling, and you can reach the office through the contact page.
Common questions
Can I throw away belongings if the tenant clearly left them on purpose?
Not right away. Even when a tenant says they do not want the items, the safer course is written consent from the tenant or the full notice procedure. Removing a tenant's property without written consent, outside the abandoned property law, can violate Civil Code 789.3. With consent in writing, or after the notice deadline passes, you can act with much less risk.
Do the 15 or 18 days include weekends?
Yes. Civil Code 1983 sets the claim date at not less than 15 days after personal delivery or not less than 18 days after mailing, and these are calendar days, not court days. Set the claim date a little later than the minimum if you have any doubt about when the notice was delivered or mailed. A later date costs you little and removes an argument.
What if the former tenant shows up two days after moving out?
If the property stayed in the home and the tenant reclaims it within two days of vacating, Civil Code 1987 and 1990 say you may not charge storage costs. Let them collect it, ideally with someone present, and note what was taken. After that window, you may require payment of reasonable storage costs before releasing the items.
What do I do with personal papers and photos?
The abandoned property law presumes records, such as papers, photos and documents, belong to the former tenant. Describe them in the notice, for example as two boxes of papers and photo albums, and store them with the rest. Treat anything containing personal information carefully, and do not read through it beyond what you need to describe it.
Sources
- Civil Code 1983, Notice of abandoned personal property (California Legislative Information)
- Civil Code 1984, Notice form (California Legislative Information)
- Civil Code 1988, Public sale and the $700 rule (California Legislative Information)
- Civil Code 1951.3, Notice of belief of abandonment (California Legislative Information)
- Civil Code 789.3, Lockouts and removal of property (California Legislative Information)
- Vehicle Code 22658, Removal of vehicles from private property (California Legislative Information)
- California Department of Real Estate, Landlords' and Tenants' Rights Guide: Terminations
Facts checked November 9, 2026 against the sources above. Reviewed by Mark Shvaya, Designated Broker, CA DRE #02243502. This guide is general information about California rules, not legal or tax advice for your situation.