"They're Gone, But Their Stuff Isn't": How to Handle Abandoned Tenant Property Under California Law

When tenants move out and leave belongings behind, it can be hard to tell the difference between trash and property you’re legally obligated to protect. But under California law, once a tenancy ends, you must follow specific procedures before discarding, donating, or even selling what the tenant left behind.

This article walks Berkeley rental housing providers through the legally required process under California Civil Code Sections 1965 and 1983–1991, including timelines, notice requirements, early reclaim rights, and disposal options.

Step 1: Confirm That the Tenancy Has Ended

Before touching anything, make sure the tenancy has lawfully ended. This occurs when:

• The tenant voluntarily returns the keys and vacates;

• You regain possession through a sheriff's lockout;

• You follow the procedure to serve a Notice of Belief of Abandonment under Civil Code Section 1946.2 and retake possession after the statutory period.

If the tenant has not formally surrendered possession or been lawfully evicted, you may not remove or interfere with any of their belongings. Doing so prematurely could expose you to claims of unlawful eviction or conversion.

Step 2: Take Inventory and Secure the Property

If you've lawfully regained possession and items remain:

• Photograph and inventory all remaining personal property.

• Store the items in a safe, secure location—on-site or elsewhere.

• Do not discard, donate, or repurpose anything, even if it appears to be junk.

Step 3: Notify the Tenant Informally (Essential to Facilitate Reclaim Rights)

Under Civil Code Section 1965, the former tenant has the right to reclaim their belongings within two calendar days of vacating the premises, even without receiving a formal written notice. While not legally mandated, contacting the tenant directly is essential to ensure they have a practical opportunity to exercise their right to reclaim property within the 2-day period. Once possession has been surrendered, the tenant can only retrieve their items by coordinating with you to gain temporary access. During this 2-day grace period, you cannot charge storage or handling fees.

You may call, text, or email the tenant as soon as you notice that items were left behind. A simple message like the following can suffice:

"Hi [Tenant Name], I noticed some personal items were left behind in the unit at [Address]. Please contact me within two days if you'd like to retrieve them. No storage fees apply during this time."

If the tenant does not respond or collect their belongings within two days, proceed to the formal notice process.

Step 4: Serve a Notice of Right to Reclaim Abandoned Property

After the 2-day window passes, you must serve a formal written notice under Civil Code Section 1983 before disposing of or selling anything.

What the notice must include:

• A general description of the property left behind;

• The address or location where the items are stored;

• A deadline for the tenant to retrieve their items:

  • 15 days if personally delivered;

  • 18 days if sent by mail;

• The daily storage cost, if any (must be reasonable);

• Instructions on how to retrieve the property, including your contact info;

• A statement that the items will be sold or otherwise disposed of after the deadline.

Where to send the notice:

• If the tenant provided a forwarding address, send the notice there.

• If not, send it to the former rental unit address.

• If you know of another valid address where the tenant may receive mail (such as one used during the tenancy), you must send it there as well.

Certified mail is not required, but you should retain proof of mailing, such as a certificate of mailing or tracking receipt.

Step 5: Wait Out the Notice Period

Once you've served the notice, you must wait:

• 15 days (if personally delivered), or

• 18 days (if mailed),

before taking any action. During this time:

• The tenant may reclaim their property at any time.

• You must make the items reasonably available.

• You may charge a reasonable daily storage fee starting after the initial 2-day period.

Step 6: Determine Value and Dispose of or Sell

At the end of the notice period:

• If the total value of the items is less than $700, you may:

  • Discard them;

  • Donate them to charity;

  • Sell them informally.

• If the items are worth $700 or more, you must:

  • Arrange for a public sale;

  • Publish notice of the sale at least 5 days in advance in a newspaper of general circulation (Civil Code Section 1988).

You may deduct storage and sale-related costs. If proceeds remain, they must be paid into the treasury of the county where the sale occurred, along with a statement of the tenant’s last known address and efforts made to notify them. The tenant may still claim these proceeds from the county within a specified time frame.

Common Mistakes to Avoid

• Skipping the 2-day grace period

• Charging storage fees prematurely

• Disposing of items before the notice period expires

• Using abandoned items to offset unpaid rent

Final Reminders

• Always document what was left behind.

• Don't make assumptions based on the condition of the items.

• Follow the process step by step, especially with higher-value belongings.