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What should I do with my tenant’s personal property left in the rental premises?

What should I do with my tenant’s personal property left in the rental premises?

Q: Can a landlord throw out my belongings without eviction in California?

No, a landlord cannot throw out your belongings without following proper legal procedures, even if you have not been formally evicted. In California, landlords must provide written notice and store your belongings safely before they can dispose of them, as per California Civil Code Sections 1987 and 1988.

Q: What happens if a tenant stays after a lease expires?

If a tenant stays after a lease expires, they may be considered a holdover tenant. The landlord can choose to accept rent, which may create a month-to-month tenancy, or they can initiate eviction proceedings. The landlord must follow the legal process for eviction, including providing proper notice.

Q: Can a landlord move your belongings without permission?

In California, a landlord cannot move your belongings without permission unless they are following legal procedures after you have vacated the property. If you leave personal items behind, the landlord must notify you and store the items safely as per California Civil Code Sections 1987 and 1988.

Q: Can a landlord move your personal belongings without permission in California?

No, a landlord cannot move your personal belongings without permission in California. If you leave items behind after vacating, the landlord must provide written notice and store your belongings securely before taking any further action, as required by California Civil Code Sections 1987 and 1988.

Full question:

My tenant vacated my house when the rental agreement ended but he has left some of his personal property in my house. What am I supposed to do with my tenant’s property? I live in California.

Category: Landlord Tenant
Date: 04/07/2025
State: California

Answer:

In California, if the tenant leaves behind any personal property after vacating the rental premises and terminating the tenancy, then the landlord may notify the tenant by written notice. The landlord is required to exercise reasonable care in storing the property in a place of safekeeping until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1988. The relevant statutory provisions in this regard are stated below.

Cal Civ Code § 1983 reads:

“(a) Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property.”
Cal Civ Code § 1986reads:
“The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of safekeeping until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1988. The landlord shall exercise reasonable care in storing the property, but he is not liable to the tenant or any other owner for any loss not caused by his deliberate or negligent act.”

In the given instance, you are required to store your tenant’s personal property in a safeplace and send a written notice to your tenant notifying him of the same.

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

What to do when a tenant moves out and leaves belongings?

When a tenant moves out and leaves belongings, the landlord must notify the tenant in writing about the left items. The landlord should store the belongings safely and cannot dispose of them without following legal procedures. It's important to keep the items secure until the tenant retrieves them or until a specified time has passed, as outlined in California Civil Code Sections 1987 and 1988.

Can a landlord throw out my belongings without eviction in California?

What are the rights of a tenant after the lease expires in California?

After a lease expires in California, a tenant has the right to remain in the property until the landlord takes legal action for eviction. If the tenant leaves personal belongings behind, the landlord must follow the legal process for notifying the tenant and storing the items, as outlined in California Civil Code Sections 1987 and 1988.