What can I do with a tennants things after thier 30 day notice is up?

I let a friend move into my house, she failed to keep her end of the agreement,and didnt pay rent. On June 1st 09 I served her a 30 day eviction. It is now July 6th 09 well past the 30 days, so what can I do to get her stuff out of my house, she came here once with the police about two and a half weeks ago and only grabbed a few things and I havent heard from her since.

Asked on July 6, 2009 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If belongings are still in the rental unit after eviction they can be stored by the landlord, who can charge reasonable storage fees.  If they are not reclaimed after 15 days, the landlord can mail a notice to the tenant to pick them up; if the tenant fails to do so: 

  1. If the landlord reasonably believes that the total resale value of all the property is less than $300, the landlord may dispose of the property in any manner;
  2. If the property is reasonably believed to be worth $300 or more, the landlord should arrange to have it sold at a public bidding sale after giving notice of the sale through publication.  Both the landlord and the tenant have a right to bid on the property at the sale.  After the property is sold, the landlord may deduct the costs of storage, advertising the sale, and conducting the sale.  The remaining money must then be paid over to the county. The county can then give the money to the property owner if the owner claims the money at any time within one year after the date when the county received the money.

I have included a link to a site that explains all of this in more detail:  http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml


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