Category: Uncategorized

Q: I am a landlord of an apartment complex. I have several tenants that receive government assistance through Section 8 housing. All of my Section 8 contracts state the landlord is responsible for paying the water bill. However, I have one tenant that always has a really high water bill. He agreed to a rent increase of $20.00 to cover the cost. Can I charge him the additional $20.00 per month?

A: No, you cannot implement a rent increase without receiving approval from Section 8.  If your tenant is on a month to month agreement, then you may increase the rent. However, you must give proper notice before the rent increase is effective.  The proper way to increase a Section 8 tenant’s rent is to serve the tenant with a notice to increase the rent and submit the notice to Section 8 for approval.  Additionally, it is important to read your Section 8 contract and contact your tenant’s Section 8 representative to make sure you are complying with Section 8’s rental increase process.

Q: I am a landlord of an apartment complex with a few Section 8 tenants. I always have my Section 8 tenants sign the Section 8 contract and a contract that I prefer to use. My contract states the rent is $100 more than the Section 8 contract. The tenant agreed to pay the extra $100 at the beginning of the tenancy and has paid it for the past year.  Recently, the tenant stopped paying the extra $100 because he says that he cannot afford it.  Can I serve him with a 3 day Notice to Pay Rent or Quit for the additional $100?

A: No, you are not entitled to collect rent above the amount approved by Section 8.  The Section 8 contract takes precedent over any other contract signed between landlord and tenant.  According to the Section 8 contract, your tenant has overpaid the rent for the past year by $100 per month. Thus, you will need to reimburse your tenant $1,200 for the overpaid rent or provide a rent credit.

Q: I have a Section 8 tenant who has not paid rent in 4 months. I want this tenant out of my unit. What type of notice do I need to serve?

A: If your Section 8 tenant has not paid their rent portion, you may serve the tenant with a 3 day Notice to Pay Rent or Quit.  The notice may only demand the tenant’s portion of the rent. This notice must be served by personal, substitute, or posting and mailing.  Additionally, a copy of the notice must be served on Section 8 on the same day it is served on the tenants. Failure to serve the tenant’s Section 8 representative may cause the landlord to lose an unlawful detainer.

Q: I have a Section 8 tenant who is on a month-to-month agreement after his lease expired. I want to terminate his tenancy. What type of notice should I serve?

A: In order to terminate the tenancy, you must serve a 90 Day Notice to Quit with Cause. You should always review your Section 8 Contract carefully to ensure that you have a valid cause for termination.  Potential causes are found in the Tenancy Addendum of your Section 8 contract.  You must clearly state the cause for termination in your notice so that the tenant is aware of the reason for termination.  Remember to serve both the tenant and Section 8 representative with the notice.

Q: I have a tenant who recently lost her Section 8 housing assistance because she no longer qualifies for the assistance.  However, she claims that she cannot afford to pay the full amount of rent.  Do I have to contact Section 8 to receive payment again?

A: No. If the tenant’s Section 8 was cancelled, then tenant is responsible for the full amount of rent. You may serve a 3 day notice to pay rent or quit to the tenant for the full amount of rent.

Q: My tenant is no longer on Section 8 and I need my property back. My property is not in a rent control area. Do I still have to give them a 90 Day Notice to Quit with Cause?

A: No, you are not required to give a 90 Day Notice to Quit with Cause to a tenant that is no longer on Section 8. You will need to terminate the tenancy by serving one of the following: a 30 Day Notice to Quit, a 60 Day Notice to Quit, or a 60 Day Notice to Quit with Cause. If the tenant has lived in the unit for less than one year you may serve the tenant with a 30 Day Notice to Quit. If the tenant has been in the property for more than one year but less than two years you may serve the tenant with a 60 Day Notice to Quit. In the City of San Diego, if your tenant has rented the property for more than two years, you may serve the tenant with a 60 Day Notice to Quit with Cause, which states a permissible cause under the Tenants Right to Know Ordinance (San Diego Municipal Code Chapter 9, §98.0730). Check your local City ordinances to determine if your property resides in a “for cause” eviction jurisdiction.

Q:  I have tenants who have not paid rent and are claiming they have bed bugs. Can I give them a three day notice to pay rent or quit before I inspect the unit? 

A: No, you should not give a three day notice to pay rent or quit until the bed bug inspection is completed and any infestation treated. You must contact a pest control company as soon as possible to inspect the unit for bed bugs. If bed bugs are present in the unit, then you must begin treatment immediately.  You should not begin an eviction until treated. If there is no sign of bed bugs, then you may serve a three day notice to pay rent or quit and begin an eviction. You should request bed bug clearance stating that there was no sign of bed bugs from your pest control company to rebut habitability.

Q: I am a Landlord and have never had problems with bed bugs in my units. Do I need to include anything about bed bugs in my leases?

A: Yes, you are required to provide the notice contained in California Civil Code § 1954.603 to all your current and new tenants. The notice provides useful information to both landlord and tenant regarding the physical appearance of bed bugs and possible signs of infestation. You must also include your procedure for tenants to report suspected infestations. Bed bugs are very small and try to stay hidden making them very difficult to detect with the naked eye. Thus, tenants and landlord should be familiar with signs of a bed bug infestation.

 Q: I own an apartment complex where one of the tenants has requested a bed bug inspection for her unit. Do I have to inspect the surrounding units?  

A: No, you are only required to have pest control inspect the unit of the tenant that requested the inspection. After pest control notifies you of their findings, you have two business days to pass along the information to the tenant of the inspected unit. If bed bugs are present, then you must have pest control treat the unit and perform follow up treatments until all bed bugs are removed. You should also have all surrounding units inspected.

Q: I am the landlord of an apartment building that has a lot of common areas. Do I need to have pest control check for bed bugs in the common areas?

A: If you have notice of a suspected or actual bed bug infestation, then you will need to have the common areas inspected by pest control. If bed bugs are present, then you must notify all tenants of the infestation within two days of receipt of pest control’s findings. You should begin treatments of the common areas as soon as possible to avoid infestation of the rental units. Additionally, you have to notify all tenants of any chemicals that will be used in the treatment process and should follow the remediation instructions of the pest control company.

Q:  My tenants just moved out of my rental unit. It looks like they may have had bed bugs. Can I show the property to prospective tenants while the treatments are being made?

A: No. If you are aware that a vacant unit has bed bugs, then you cannot show, rent or lease the unit until the bed bugs are gone. You should have the pest control company issue bed bug clearance that proves the bed bugs were eliminated before showing, renting or leasing the unit. You are not required to have vacant units inspected for bed bugs. However, if an infestation is evident on visual inspection, then you are considered to have notice of the problem and must take measures to remediate it before showing, renting or leasing the unit

Q: I am a landlord and have confirmed with pest control that one of my rental units has bed bugs. The tenants are not allowing pest control to enter the unit for treatments. How do I gain access?

A: Before each treatment you must post a 24 hour notice to enter the rental unit. California law requires tenants to allow access to pest control for inspections and treatments. If the tenant continues to refuse access to the pest control company, then you may serve a notice to perform covenant or quit and begin the eviction process based on the tenants’ refusal to provide access for inspection and treatments. Visit our website at www.landlordslegalcenter.com to download a 24 hour notice and further information regarding bed bugs.

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In our previous article regarding emotional support animals published in April 2017, we inadvertently used the term “service dog” when we should have used the term “emotional support animal”. Under federal law “service dog” has a specific legal definition. We did not intend the article to be about service dogs.  We regret this error in our publication.  

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[et_pb_accordion_item title=”Q: I just remodeled my unit and everything is new. I am going to rent it out this month. Do I still have to do a move-in inspection with my new tenant? “]

A: Yes, a landlord should always do a move-in inspection. The inspection is useful for possible conflict regarding the initial condition of the unit and to determine damage beyond normal wear and tear when the tenant vacates. During a move-in inspection, you should have a thorough written checklist to note the condition of all items in the unit. When the checklist is complete, both landlord and tenant should sign off on the checklist. Additionally, it is advisable for the landlord to take pictures of the unit. This gives the landlord substantial evidence of the condition of the unit at time of move in if a conflict arises.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I signed a rental agreement with new tenants and we just did a walk through. They are making a lot of claims for repairs and upgrades that seem cosmetic. Can I terminate the rental agreement and refuse to give them the keys? “]

A: No, you may not terminate the rental agreement and you must give the tenants the keys. All reasonable repair requests that affect habitability of a unit must be inspected and repaired by the landlord in a reasonable amount of time. However, a landlord does not have to honor repair requests meant to make the unit more aesthetically pleasing. For example, a tenant may not like the color of a working stove. The landlord does not have to purchase a new stove to accommodate this request because this does not affect the habitability of the unit. On the other hand, if the tenant makes a claim that the stove burners will not ignite, then the landlord must address this repair request because units must have a working cooking source to be fit to live in.

If the tenants continue to make unreasonable requests for upgrades, then the landlord may terminate a month to month tenancy with a 30 Day Notice to Quit as long as the tenants have not resided in the property for more than a year. However, if a landlord terminates a tenancy based on legitimate repair requests for habitability issues, this may be considered retaliation for the tenant exercising their rights. Thus. it is advisable to speak with an attorney prior to terminating the tenancy based on the tenants’ repair requests.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant gave me a thirty day notice of intent to vacate my property. What do I need to do to prepare for the tenant giving me the keys back?”]

A: California law states that the landlord is required to give a tenant written notice of the tenant’s right to an initial inspection before moving out of the property and the tenant’s right to be present at the initial inspection. An initial move out inspection is not required if the landlord terminates the tenancy be serving a three day notice on the tenant. This notice of right to initial inspection must be served within a “reasonable time” after the tenant or landlord has served a notice to vacate. If the tenant does not request an initial inspection of the property prior to their move out date, the landlord is not required to take any further action. If the tenant does request an initial inspection of the property prior to their move out date the landlord is required to set the inspection no earlier than two weeks before the move out date and this date and time must be mutually agreed upon. The landlord is also required to give the tenant at least a 48 hours’ advance written notice of the inspection date and time. Advance written notice is not required if the parties agree in writing to waive the 48-hour notice requirement or if the tenant cancels a previously agreed upon inspection date. Additionally, at the initial move-out inspection the landlord must provide the tenant with an itemized list of possible deductions from the security deposit and give the tenant an opportunity to remedy all possible deductions noted on the itemization. The landlord should make note of any area that they were not able to inspect. Once the tenant has moved-out of the property the landlord cannot make deductions from the security deposit for any items that were not noted at the time of the initial inspection unless the area was not inspected due to obstructions such as carpets or large furniture blocking the damage from sight.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant is suing me in small claims court for their entire security deposit. We did a move-in inspection but never got around to doing an initial move-out inspection before the tenant vacated. Can I lose my small claims case because we did not do the initial move-out inspection? “]

A: Yes, if you failed to provide the tenant notice of their right to the initial move-out inspection or the tenant requested a move out inspection and you did not perform one, then it is likely you will lose your small claims case. The tenant is entitled to the initial move-out inspection so that the tenant has the opportunity to repair or clean any issues that may lead to deductions from their security deposit. The landlord should include notice of the right to the initial move-out inspection in the lease or rental agreement.

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[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: I have a tenant who moved into his rental unit last month. I included a provision in his lease that prohibits smoking cigarettes in his unit. Now, his neighbors are complaining that cigarette smoke from his unit is seeping through their air vents. When I approached the tenant he told me that he has the right to smoke inside his own unit and that I am interfering with his privacy and use of the premises. Is he correct? “]

A: No, there is no legal right to smoke cigarettes and restricting smoking does not interfere with the tenant’s privacy or use and enjoyment of the premises. If the tenant refuses to stop smoking, then you may give him a 3 Day Notice to Perform Covenant or Quit for breaking the non-smoking covenant of your lease.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I am a Landlord and do not allow smoking in my units. Since Marijuana became legal in California, I am worried that my tenants will start smoking Marijuana in my rental units. Does my non-smoking provision in my lease include Marijuana smoke? “]

A: No, if your lease provision does not include the specific type of smoke, then it will not apply to Marijuana smoke. You should adjust your new leases to prohibit Marijuana, Tobacco, and any other smoke producing products on the Premises. If you have tenants that are on month to month rental agreements, then you will need to provide a 30 day notice of change in terms of tenancy to prohibit Marijuana smoke. If your tenant is in a lease, then both parties must agree to this new term or you will have to wait until the expiration of the lease to change the smoking provision to include Marijuana smoke.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I own an apartment complex that has a common pool and barbeque area. My tenants are complaining that they should be allowed to smoke in designated smoking areas. All of my rental agreements state that smoking is not allowed inside individual apartments or in any of the common areas. Am I allowed to do this or do I need to provide my tenants with a designated smoking area? “]

A:  A complete ban on smoking at your apartment complex is valid.  California law allows you to restrict tenants from smoking in any interior or exterior area, including individual apartments and all common areas.  Thus, you do not need to provide a designated smoking area for your tenants and may restrict smoking anywhere on the property.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I would like to completely prohibit smoking in individual apartments, but allow smoking only in certain areas. Am I allowed to restrict some areas, but not others?”]

A:  Yes.  You may prohibit smoking inside of the apartments while allowing smoking in specified common areas.  In order to accomplish this you must include a provision in the rental agreement that specifies the areas on the property where smoking is prohibited.  Be specific about the areas where your tenant cannot smoke in your rental agreement so a tenant does not try to argue that the rental agreement was not clear as to where they can and cannot smoke cigarettes.  Additionally, any rental agreement or lease entered into after January 1, 2012 that prohibits smoking must designate the specific areas where smoking is prohibited.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a tenant that signed a lease without a non-smoking provision. The lease has since expired and converted to a month to month tenancy. Can I prohibit him from smoking cigarettes in the unit? “]

A: Yes, but you must give the tenant notice prior to the ban becoming effective.  In order to accomplish this you must provide your tenant with a 30 day notice of change in terms of tenancy.  This notice must be in writing and properly served on the tenant.

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[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: I do not allow pets in my apartments. I have a tenant who is claiming that her cat is a therapy animal and she says that she is entitled to a reasonable accommodation. Do I have to let her keep the cat?”]

A: Yes, a landlord must work with a disabled tenant to make reasonable accommodations. If your tenant has a note from a doctor saying that he or she requires a pet for a condition that is considered a disability, then you must comply with her request. Remember, an emotional support animal is not considered a pet.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant told me she has a disability and is requesting a service animal as an accommodation. From her physical appearance, she does not appear disabled. Can I ask questions about the disability?”]

A: Yes, if your tenant has a disability that is not readily apparent or known, you may ask your tenant to provide a note from their doctor stating that they have a disability and that they need a service animal.  You may not ask the tenant to describe their disability to you or explain how the animal will assist them.  If the tenant refuses to provide documentation for the necessity of a service animal, then depending on your lease, you may serve the tenant with a 3 Day to Perform Covenant or Quit to remove the pet. Please contact a Landlord/Tenant attorney prior to serving such notice.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant moved a pit-bull into her apartment and is now claiming that her pit-bull is an emotional support animal. I’m afraid this dog will be violent and cause damage to my property. Can I tell her she needs to get a different breed of dog?”]

A: No, you may not control the type of service dog the tenant has. In order to ask the tenant to remove the service dog, the dog must pose some objective threat that cannot be reasonably accommodated.  For example, if the tenant’s pit-bull escapes from the unit and and attacked another dog, then the dog would pose an objective threat and you could request the service animal be removed from the property.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: Can I charge my tenant a pet deposit, pet rent, or other fee if I allow the service animal? I have other tenants that have animals and they paid the fees.”]

A: No.  Remember, a service animal is not considered a pet so you cannot charge the disabled tenant the same fees you would charge a tenant with a pet.  Further, a request for accommodation of a service animal may not be unreasonably denied or conditioned on payment of a fee, deposit, or other terms and conditions applied to applicants.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a tenant who has an emotional support dog. Multiple tenants have complained about the dog barking. I know I can’t give him notice to get rid of the dog, but is there something else I can do?”]

A: Yes, you may serve the tenant with a 3 Day Notice to Perform Covenant or Quit if your lease/rental agreement prohibits the tenants from disturbing surrounding tenants or causing a nuisance. The tenant is still responsible for complying with all provisions of the lease/rental agreement and cannot cause or allow a disturbance or nuisance.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a weight limit of 20 pounds for all pets in my apartment complex. Can I apply this weight limit to service cats and dogs?”]

A:  No, you cannot limit the weight of a service animal. weight in accordance with your lease provisions or pet addendum. The service animal is not a pet so your regular rules regarding pets do not apply to the service animal. This includes all restrictions on weight, breed, and size of service animals.

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[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: This is my first time renting out my residential unit. The late fee provision in my Lease allows me to charge a percentage of the rent or a flat fee. How much can I charge for the late fee?”]

A: Your late fee should be no more than 6% of the monthly rent. For example, if your tenant pays $1,250 in rent per month, then you may charge up to 6% of $1,250 as a late fee, which is $75. Your Lease also gives you the option to write in a flat fee, however, the late fee will usually be considered excessive if it is over 6% of the monthly rent.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a tenant who pays the rent late but refuses to pay the late fees. Can I give them a 3 Day Notice to Pay Rent or Quit for the late fee? “]

A: No, you cannot include late fees on a 3 Day Notice to Pay Rent or Quit. If the late fee is a covenant in your Lease or Rental Agreement, then you may give the tenant a 3 Day Notice to Perform Covenant or Quit to pay the late fees. If the tenant does not pay after the 3 Day Notice to Perform Covenant or Quit, then you may start an eviction based on this notice. You also have the option of taking the tenant to small claims court to be awarded the late fees.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant paid half of the security deposit before moving and was supposed to pay the other half last month. I still have not received the full security deposit. What can I do? “]

A:  If the security deposit is a covenant in your Lease or Rental Agreement, then you may give the tenant a 3 Day Notice to Perform Covenant or Quit to pay the remainder of the deposit. You may also consider giving the tenant a 30 Day Notice to Quit if they are in a Month-to-Month tenancy to terminate the tenancy. It is in the Landlord’s best interest to collect the full security deposit before giving a new tenant possession of the property.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I am a landlord and my tenant wants to get a dog. I told them it was okay if they pay me a deposit in case the dog damages the property. Can I make the pet deposit non-refundable and can I charge more than 2 months rent? “]

A: No, a deposit must be refundable. You may request an additional security deposit up to twice the monthly rent. Do not separate the security deposit and the pet deposit. A security deposit can be used towards any damages and cleaning costs. However, a pet deposit may only be used toward damages and cleaning caused by a pet. It may be difficult to identify the difference between the damages from a pet and puts you at greater risk to be sued for wrongfully deducting from the Security Deposit or Pet Deposit.

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[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: My tenant is requesting to add a roommate to her lease, do I have to allow my tenant to have a roommate? “]

First, you will need to review your lease or rental agreement with this tenant. As a landlord, you may include a clause in your lease or rental agreement that authorizes or prohibits your tenant from having a roommate.

If you allow your tenant to have a roommate, you should screen the potential roommate as you would any other applicant. If the prospective roommate does not qualify, then you may deny their application. If the prospective roommate qualifies, then you may request your existing tenant and the new tenant sign an addendum to your contract or execute a new lease/rental agreement.  Either option will ensure that the new tenant has the same right and obligations as the original tenant.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I’m a Landlord and have 3 tenants on one rental agreement in my unit. One of the tenants is moving and wants his portion of the security deposit back. Do I have to return his portion of the deposit to the tenant?”]

A: The security deposit is to be returned when all occupants, under a lease or rental agreement, have vacated the premises. It is the tenants’ responsibility to find a solution in reimbursing the moving tenant.  However, if the landlord assigned the security deposit amounts individually on the contract, then the landlord would be responsible for the return of that amount when each tenant individually vacates.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant has always had a lot of roommates to help him pay the rent. I allow him to sublet to 2 people at a time. He stopped paying the rent 2 months ago and now one of the roommates told me the original tenant moved out. What do I do?”]

A: The original tenant that moved did not give you possession of the property, therefore you are entitled to rent. You may serve the tenant with a three day notice to pay rent or quit and begin the eviction process as soon as possible. If you know the sub lessees’ names, then include them on the notice. You may also try to make an agreement with the sub lessees to move or enter into a new rental agreement and pay you the rent that is owed.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I am a landlord and have a unit rented to one tenant. My tenant got a roommate and signed a sublease with them. Now, my tenant wants my help to evict the sub-lessee. Do I need to file the eviction? “]

A: No, when a tenant subleases a property, they are acting as landlord to the sub-lessee. The tenant acting as landlord would be required to file the eviction against the sub tenant. If the tenant is breaking your lease by having a sub-tenant or is breaching the lease in any other way, then you may evict both the tenant and sub-tenant. If you allowed the tenant to sublet the premises, then you may encourage your tenant to seek legal assistance with the matter.

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[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: I served my tenant with a three day notice to pay rent or quit and he called me during the 3 Day Notice period to tell me he moved and I could take back the property. He left the keys on the counter and he left some of his stuff behind. What do I do with the stuff he left?”]

Since the tenant gave you possession of the property, you may consider the items abandoned. You must serve a notice of right to reclaim abandoned property itemizing the personal property left by the tenant and keep the items for at least 15 days if personally served (18 days if mailed). After the notice expires, you must determine the value of the property, which dictates the method of disposal. If the property is valued at less than $700 the landlord can dispose of it however he or she chooses.  However, if the property is valued at over $700, the landlord must sell the property at a public auction. The procedures to sell the property at public auction are complicated and you should consult with an attorney prior to such auction.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant gave me back possession of his rental unit, but left personal property in the unit. I served my tenant with a notice of right to reclaim abandoned property. Can I move my tenant’s personal property that he left behind while I wait for the notice to expire? “]

Yes, you may move the tenant’s personal property to a dry and secure location.  If you have a storage unit or garage on the property you may move the personal property into one of those areas until you dispose of it.  Alternatively, if you have an off-site storage area you can move the property there as well.  If none of these options are available to you then you may simply leave the property inside the unit and keep the unit secured until you dispose of the property.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have not heard from my tenant in over a month, have not received rent, and I think he abandoned the property. I posted a proper 24 hour notice to see if the property was abandoned, but he left a TV, a sofa, clothing, and other miscellaneous personal items. I still think the property is abandoned. Do I need to serve a notice before taking possession of the property?”]

Yes, if the tenant has not given you back possession of the property, you reasonably believe the property is abandoned, and the tenant has not paid rent for rent for at least 14 days, then you should serve a notice of belief of abandonment. If the tenant does not claim the right to the property within 15 days (if personally served) and 18 days (if mailed), then you may take back possession of the property. At the time you serve the notice of belief of abandonment, you may consider serving a notice of right to reclaim abandoned property, which includes the personal property left at the unit. However, you should consult with counsel prior to serving these notices simultaneously.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: If my tenant comes back to get his property during the 15 day period, can I charge him for costs I incurred in storing the property? “]

Yes, you can require the tenant pay your “reasonable” storage and/or removal costs before you release the property to him.  However, you may not withhold the tenant’s personal property in order to force him to pay outstanding rent or other damages.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: I filed an unlawful detainer against my tenants and the Sheriff came and locked them out of the property. Do I need to give my tenants notice of right to reclaim abandoned property? “]

No, when you go through the court eviction process and the Sheriff conducts a lockout, you are not required to give the tenant or the owner of any property left behind any additional notice. However, you are required to wait 15 days after you receive possession to dispose of the property.  During the 15 days, you must provide your tenants with reasonable access to collect their personal property. You may also charge reasonable storage fees, but cannot condition return of the property on payment of outstanding rent. After the 15 days expire, you may dispose of the property. Again, the manner you use to dispose of the property will depend on the value of the items.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: How can I dispose of abandoned property worth less than $700 after I wait the appropriate 15 or 18 day time periods? “]

If the total value of the abandoned property is less than $700, you may keep, donate, throw away, or sell the property.  You should also take an inventory and/or pictures of the items that your tenant left at the premises to keep in your tenant file.

[/et_pb_accordion_item][et_pb_accordion_item title=”Q: What is a public sale and what do I do with the proceeds?”]

If the property left behind after the appropriate 15 or 18 day period is valued at more than $700, then you must sell it at a public sale. A public sale could be in a newspaper, online, or a garage sale. You must publish notice of this sale in a local newspaper at least once a week for two consecutive weeks prior to the sale and describe each item for sale.

After the sale, you may deduct the costs of storage, advertising and conducting the sale from the proceeds.  Any remaining balance must be paid to the county treasurer.  The former tenant or owner of the property then has one year to go to the county treasurer to collect the money.

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