Items Left After Eviction in California: The 15-Day Rule Every Landlord Must Know
By Steven D. Silverstein, Eviction Attorney since 1979. After handling thousands of lockouts across Orange County, Los Angeles, Riverside, and San Bernardino, this is one of the most common questions I get from landlords: "The sheriff just locked them out. There's stuff everywhere. What do I do with it?"
The short answer: you follow the law exactly, or you get sued. California Civil Code Sections 1980 through 1991 spell out a specific process for handling abandoned property after an eviction. Skip a step, rush the timeline, or throw something away too early, and the tenant can sue you for actual damages plus up to $250 per violation under California law.
I've seen landlords win their entire eviction case, get the lockout, and then lose money because they handled the leftover property wrong. Don't be that landlord.
The Legal Framework: Civil Code 1980-1991
California's abandoned property rules are spread across Civil Code Sections 1980 through 1991. Here are the sections that matter most on lockout day:
Civil Code 1983: Duty to Give Notice
After the lockout, the landlord must send the former tenant a written notice describing the property left behind and explaining the tenant's right to reclaim it. This isn't optional. Even if the tenant owes you $20,000 in back rent, you still have to send this notice.
Civil Code 1984: What the Notice Must Say
The Notice of Right to Reclaim must include a description of the property, the address where it's being stored, a deadline to reclaim it, and a statement about what happens if the tenant doesn't pick it up. The notice can be delivered personally or sent by first-class mail to the tenant's last known address. You can download our notice form here.
Civil Code 1985: The 15/18-Day Waiting Period
If you deliver the notice in person, the tenant gets 15 days to reclaim their stuff. If you mail it, they get 18 days. During that waiting period, you cannot throw anything away, give it to Goodwill, or put it on the curb. You store it.
Civil Code 1987: The $700 Threshold
Once the waiting period expires, what you do next depends on the total value of the abandoned property. If the total value is under $700, you can keep, sell, donate, or dispose of it however you want. If it's $700 or more, you must sell it at a public auction.
Civil Code 1988: Landlord Liability
If you don't follow the rules, the former tenant can sue you for actual damages plus a $250 statutory penalty. In practice, I've seen these claims tacked onto security deposit lawsuits, turning a small dispute into a much bigger headache.
Step-by-Step: What to Do With Property Left After Eviction
Here's the exact process I walk my clients through after every lockout. Follow it in order.
Lockout Day: Document Everything
The moment the sheriff hands you possession, walk through the unit with your phone camera rolling. Take photos of every room and every item left behind. Make a written list. Be specific: "brown leather couch," not "furniture." "Samsung 55-inch TV," not "electronics." This inventory protects you if the tenant later claims you stole a Rolex that never existed. Bring a witness if you can.
Estimate the Total Value
You need to determine whether everything left behind is worth more or less than $700 total. Use the "reasonable person" standard: what would this stuff sell for at a garage sale? Not what it cost new, not what the tenant claims it's worth. If a beat-up sofa and some old clothes are all that's left, you're probably under $700. If there's a working refrigerator, a decent TV, and furniture, you're probably over. When in doubt, treat it as over $700. The extra step of holding an auction costs less than a lawsuit.
Send the Notice of Right to Reclaim
Prepare and send the Notice of Right to Reclaim Abandoned Property to the tenant's last known address. This is required by Civil Code 1984. You can hand-deliver it (15-day clock starts) or mail it first-class (18-day clock starts). I always recommend mailing it certified, return receipt requested, so you have proof. If you know a forwarding address, send it there too.
Wait the Full Period
This is the hard part. You want to clean the unit and re-rent it, but you have to wait. 15 days for personal delivery, 18 days for mailed notice. During this time, if the tenant shows up and wants their stuff, you let them take it. You can require them to pay reasonable storage costs (Civil Code 1987), but you cannot demand back rent as a condition of returning their property. Store the items on-site if possible, or at a reasonable storage location.
If the Tenant Reclaims: Collect Storage Costs
If the tenant contacts you during the waiting period and wants their property back, let them have it. You can charge reasonable storage costs for the time you stored the items. Document the charges. Have the tenant sign a receipt showing what they took and what they paid. This protects you from future claims.
After the Waiting Period: Dispose or Auction
Once the deadline passes with no response from the tenant, you have two paths. Under $700 total value: keep it, sell it, donate it, or throw it away. Your choice. $700 or more: you must hold a public auction. Use the Notice of Sale form and publish the sale notice. Apply the auction proceeds first to your storage costs, then to any money the tenant owes you. If there's anything left over, it goes to the county, not your pocket.
Not Sure What to Do With the Property Left Behind?
The rules seem straightforward on paper. In practice, tenants leave behind a mix of junk and potentially valuable items, and one wrong move creates liability. I've been handling post-lockout property disputes since 1979. If you're standing in a unit full of someone else's belongings and you're not sure what to do next, call before you touch anything.
Email UsThe $700 Threshold: Why It Matters
The $700 line is the most important number in this entire process. It determines whether you can simply dispose of the property or whether you need to go through a public auction. Get it wrong, and you're exposed to a lawsuit.
Under $700 Total Value
- • After the waiting period expires, you can keep, sell, donate, or throw away the items
- • No public auction required
- • No obligation to account for proceeds
- • Still must send the Notice of Right to Reclaim and wait the full 15/18 days first
$700 or More Total Value
- • Must sell at public auction after the waiting period
- • Must publish notice of the sale
- • Apply proceeds to storage costs first
- • Then apply to money owed by the tenant
- • Any remaining proceeds go to the county
How do you estimate value? Think garage sale prices, not replacement cost. A five-year-old IKEA couch that cost $800 new is probably worth $50 used. Old clothes, opened food, and broken items are worth nothing. Be reasonable, document your estimates, and photograph everything. If it's a close call, treat it as over $700. The cost of holding an auction is nothing compared to the cost of defending a lawsuit.
5 Mistakes That Cost Landlords Money After Lockout
After 45+ years of doing this, I can tell you exactly where landlords go wrong. Every one of these mistakes can trigger a lawsuit under Civil Code 1988.
1. Throwing Things Away on Lockout Day
This is the number one mistake. The sheriff leaves, and the landlord grabs trash bags and starts dumping everything. I get it. You want your unit back. But the law says you store first, send notice, wait 15 or 18 days, and then dispose. Skipping that process means the tenant can sue you, and they'll win.
2. Not Sending the Notice of Right to Reclaim
Some landlords figure the tenant knows where they lived and can come get their stuff. That's not how it works. Civil Code 1983 requires you to send written notice. No notice = no legal protection for the landlord.
3. Keeping Valuable Items for Personal Use
The tenant left a nice flat-screen TV, and you figure they owe you $5,000 in rent, so you're keeping it. Wrong. If the total abandoned property is worth $700 or more, it must go to public auction. You can't offset it against unpaid rent by keeping the items yourself.
4. Not Documenting the Inventory
If a tenant later claims you destroyed their $10,000 antique desk and you have no photos and no inventory list, it's your word against theirs. Take photos. Make a list. Have a witness. Do it on lockout day before anything gets moved.
5. Demanding Back Rent Before Returning Property
You can charge the tenant reasonable storage costs as a condition of returning their belongings. You cannot hold their property hostage for unpaid rent. Those are different debts. Mixing them up gives the tenant grounds to sue.
Practical Tips for Lockout Day
After 45+ years of handling lockouts across Orange County, Los Angeles, Riverside, and San Bernardino courthouses, here's what I tell every client before the sheriff shows up:
- 1.Bring your phone fully charged. You're going to take a lot of photos. Video the whole walkthrough. Timestamp everything.
- 2.Bring a witness. A property manager, a maintenance person, even a neighbor. Someone who can later testify about the condition of the unit and what was left inside.
- 3.Don't let emotion drive decisions. You're angry. The tenant trashed the place and owes months of rent. I understand. But the law doesn't care how frustrated you are. Follow the process. You'll get your unit back. You'll get the property out. Just don't skip steps out of frustration.
- 4.Have the notice ready to mail. Before lockout day, prepare the Notice of Right to Reclaim. That way you can drop it in the mail the same day. The sooner you mail it, the sooner the clock starts.
- 5.Call your attorney if anything looks questionable. Firearms, medications, documents that might belong to someone other than the tenant, anything that makes you uncomfortable. Don't guess. Call. It takes two minutes and can save you thousands.
For a detailed walkthrough of the entire California eviction process from start to finish, including the eviction timeline and costs involved, see our resource pages.
Watch: Handling Tenant Belongings After Eviction
In this video, I walk through the entire process of handling items left behind after a lockout, including the most common mistakes I see landlords make.
Frequently Asked Questions About Abandoned Property After Eviction
What do I do with tenant belongings left after an eviction in California?
Can I throw away items left by an evicted tenant?
How long do I have to store a tenant's belongings after eviction?
Can I charge the tenant for storing their abandoned property?
What is a Notice of Right to Reclaim Abandoned Property?
What happens if the tenant doesn't claim their belongings?
Need Help With Property Left After a Lockout?
I've been handling evictions and post-lockout property disputes across Southern California since 1979. If you're dealing with abandoned tenant belongings and want to make sure you do it right the first time, give me a call.
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