QUESTION

Can I sell an ex-tenant's junk car?

Asked on Jan 09th, 2016 on Landlord and Tenant Law - California
More details to this question:
Tried texting and calling ex-tenant about junk car left at property but could not get in contact. Don't know new address. Tenant moved out for months.
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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The procedure of what to do with the tenant's belongings is under Civil Code sections 1980 - 1991. First, take an inventory of the tenant's belongings.  Take pictures and/or video.  Throw away any trash. Then, determine the value of the belongings as if you were to buy them at a garage sale.  Box up the tenant's belongings and put them in storage.  Then, serve notice to the tenant called "Notice of Right to Reclaim Abandoned Property."  You must describe the tenant's property.  Mail it to the address of the rental unit, if you do not have a forwarding address for the former tenant.  You can charge the tenant for the reasonable costs to box up and store the belongings. If the tenant does not request to come get their belongings within 18 days of mailing notice, if the property is worth less than $700, you can sell it, keep it, donate it, burn it, or do whatever you want with it.  If it is worth more than $700, then you must have a licensed and bonded public auctioneer auction off the belongings.  The proceeds are used to pay the auction costs and the rest goes to the county.  If you have a money judgment against the tenant, then you can obtain a writ of execution for the Sheriff to seize the funds from the auction.
Answered on Jan 10th, 2016 at 10:59 AM

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