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Landlord Tenant
What should I do with my tenant's property after they vacated?

What should I do with my tenant's property after they vacated?

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 a tenant leaves personal property behind after vacating, the landlord must provide written notice to the tenant and anyone else they believe owns the property. The landlord must store the property safely until they either return it to the tenant or dispose of it, as outlined in California Civil Code Sections 1987 and 1988.

According to Cal Civ Code § 1983, the landlord must notify the tenant about the property left behind. Cal Civ Code § 1986 states that the landlord should either leave the property on the premises or store it securely. The landlord must take reasonable care in storing the property but is not liable for any loss unless it was caused by their deliberate or negligent actions.

In your case, you should store the tenant’s belongings safely and send them a written notice informing them of the situation.

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.