Can the landlord declare my property abandoned because I could not pick it up by day 15 after my eviction?

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Can the landlord declare my property abandoned because I could not pick it up by day 15 after my eviction?

I left my personal property on the premises only because I had nowhere to take it. My 15 days were up as of the 4th of this month (I was ordered to vacate the premises by the 20th of last month; I left on the same day). Can the landlord now sell all to satisfy the rent owed (of which landlord did not obtain an order) or will I be allowed at least the proceeds of any sale (after deduction of appropriate costs)? The landlord claims that it is abandoned property but I have not received any such notice. Is it abandoned property or is it personal property unclaimed, therefore, subject to auction?

Asked on August 7, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the issue as to whether property of a former tenant is abandoned or not is a question of fact depending upon the given circumstances of the situation. For the landlord to dispose of your property as presumably being abandoned, he or she is required to give you written notice of the intent and allow you an opportunity for retrieval per state statute and procedures.

Only you would know if your property left behind is abandoned. If you still want it, then go contact the former landlord and arrange for a time and date for pick up.


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