The notice of right to reclaim abandoned property must now include information about storage costs and time frames for reclaiming property.

California Civil Code §§1983, 1984, 1985, 1987, 1988 and 1990.

Amended by A.B. No. 2521

Effective date: January 1, 2013

If a residential tenant vacates a rented property and leaves behind personal property, the landlord must deliver to the tenant a notice of the right to reclaim personal property. The notice may be delivered to the tenant, or to another party who the landlord believes owns the personal property.

Before reclaiming the property, the tenant (or other owner of the personal property) must reimburse the landlord for the cost of storing the property. The tenant or owner of the personal property is not required to pay any storage costs if:

  • their personal property remained on the rented premises; and
  • they reclaim their personal property within two days of vacating the premises.

A notice of the right to reclaim personal property sent to the tenant must now include:

“When you vacated the premises at ___________________________________, (Address of premises, including room or apartment number, if any) the following personal property remained: ___________________________________ (Insert description of the personal property).

You may claim this property at ___________________________________ (Address where property may be claimed).

If you claim this property by ________ (insert date not less than 2 days after the former tenant vacated the premises), you may minimize the costs of storage.

If you fail to claim this property by ________ (insert date not less than 2 days after the former tenant vacated the premises), unless you pay the landlord’s reasonable costs of storage for all the above described property, and take possession of the property which you claim, not later than ________ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988.”

A notice of the right to reclaim personal property sent to a person other than the tenant must now include:

“If you claim this property by ________ (insert date not less than 2 days after the former tenant vacated the premises), you may minimize the cost of storage.

If you fail to claim this property by ________ (insert date not less than 2 days after the former tenant vacated the premises), unless you pay the landlord’s reasonable cost of storage and take possession of the property to which you are entitled no later than ________ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988.”

A landlord may deliver this notice by first class mail or email.

Additionally, the threshold amount for determining the disposal method of abandoned personal property has been raised from $300 to $700. If abandoned personal property is worth $700 or more, the landlord must sell the property at public auction. If the personal property is worth less than $700, the landlord may dispose of the property as they choose.

Editor’s Note — Current first tuesday students and purchasers of first tuesday Forms-on-CD 4.3 may download a FREE copy of these updated forms. Log in to your student homepage at www.firsttuesday.us using your eight-digit Department of Real Estate (DRE) license number or T-number and click, “first tuesday Forms Downloads and Updates.”