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Abandoned Property
Can I reclaim my chandelier after moving out of my apartment?

Can I reclaim my chandelier after moving out of my apartment?

Full question:

I moved out of my apartment last week but left behind a grand chandelier I had fixed on the living room ceiling. I requested my landlord to hand it over and am willing to pay for the expenses incurred in removing and storing it. But my landlord says since I left it behind and the lease term has expired, the chandelier is now his. Do I have any recourse through law to claim my chandelier?

Category: Abandoned Property
Subcategory: Landlord Tenant
Date: 04/07/2025
State: California

Answer:

In California, tenants have rights regarding personal property left behind after moving out. According to Cal. Civ. Code § 1965, if you request the return of your chandelier in writing within 18 days of vacating, and agree to pay for its removal and storage, your landlord must comply. Here are the key points:

You must submit a written request within 18 days, describing the chandelier and providing your mailing address.
The landlord must have control of the chandelier when they receive your request.
You need to pay all reasonable costs for the chandelier's removal and storage, which the landlord must itemize in writing.
You must agree to pick up the chandelier within a mutually agreed time, no later than 72 hours after payment.

If the landlord fails to return your property after your proper request, they could be liable for damages, including the chandelier's value and possible additional penalties for bad faith (Cal. Civ. Code § 1965(e)). You may also recover attorney's fees if you prevail in court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does property have to sit before it's considered abandoned?

In California, property left behind by a tenant is generally considered abandoned if the tenant does not retrieve it within 18 days after vacating. If a tenant has not made a written request for the return of their property within this time frame, the landlord may treat it as abandoned and dispose of it. However, specific circumstances can vary, so it's important to check local laws and lease agreements for any additional provisions.

Can a tenant sue a landlord after moving out?

Yes, a tenant can sue a landlord after moving out if there are unresolved issues, such as the landlord failing to return personal property left behind or withholding a security deposit unlawfully. In California, if a landlord does not comply with the law regarding abandoned property, the tenant may seek damages, including the value of the property and potential attorney's fees, if they prevail in court.

What happens if I leave stuff in my apartment when I move out?

If you leave personal property in your apartment when moving out, the landlord may consider it abandoned after a certain period, typically 18 days in California. If you want to reclaim your items, it's crucial to submit a written request to the landlord within this timeframe. If the landlord disposes of the property without following legal procedures, they may be liable for damages.

What is considered abandonment of an apartment?

Abandonment of an apartment generally occurs when a tenant vacates the premises without notice and does not intend to return. In California, if a tenant leaves personal belongings behind and fails to communicate with the landlord for 18 days, the property may be deemed abandoned. Factors like unpaid rent or lack of communication can contribute to determining abandonment.

What is considered apartment abandonment?

Apartment abandonment is when a tenant leaves the rental unit without notice and does not return, indicating they do not intend to fulfill the lease. In California, if the tenant has vacated and left personal property behind, it may be considered abandoned if they do not request its return within 18 days. Landlords can then take steps to dispose of the property legally.

What is considered landlord negligence?

Landlord negligence occurs when a landlord fails to meet their legal obligations, resulting in harm or damage to tenants or their property. This can include not maintaining the property, failing to return abandoned personal property as required by law, or ignoring safety issues. If a tenant suffers due to landlord negligence, they may have grounds for legal action.