TL;DR — 30 seconds
After the tenancy ends, serve a Notice of Right to Reclaim Personal Property under §1983. Give the tenant 15 days (18 if mailed) to reclaim. After that, sell at public auction if the property is believed to exceed the statutory value threshold, or dispose of it if below. Document everything. Trashing belongings without the notice is conversion.
Step 1 — Inventory the property
Before serving anything, walk the unit and inventory what's been left behind. Photograph every room, every item of significance. Note approximate value where possible. This inventory becomes the record if the tenant later disputes what was on the premises.
Step 2 — Serve the §1983 notice
The Notice of Right to Reclaim Personal Property (§1983) tells the former tenant they have property at the unit and gives them the deadline to recover it. Required contents:
- Description of the property in enough detail to identify it.
- The location where the tenant can claim it (or whom to contact).
- The deadline to claim — at least 15 days from personal service, 18 days from mailing.
- A statement that the tenant must pay reasonable storage costs to recover.
- A statement that if not claimed, the property will be sold or disposed of.
Serve by personal delivery or first-class mail to the tenant's last known address. If you have a forwarding address, use it.
Step 3 — Wait the statutory period
Personal service: 15 days. Mailed service: 18 days. During the period, store the property reasonably (don't damage it). Document storage location and conditions.
Step 4 — If the tenant responds
The tenant can come reclaim during the notice period. The landlord can require payment of reasonable storage costs before releasing. Get a signed receipt confirming what was returned.
Step 5 — If the tenant doesn't respond
Two paths under §1988, depending on the believed value of the remaining property:
- Below the statutory value threshold: the landlord can keep, sell, or destroy the property. Pull the current threshold from §1988 before relying on it — the statute has been amended for inflation in recent cycles.
- At or above the threshold: the landlord must sell the property at public auction. Notice of sale must be published once in a newspaper of general circulation in the county at least five days before sale. Proceeds go first to costs of storage, advertising, and sale, then to any judgment for unpaid rent, then to the tenant. Unclaimed proceeds go to the county after one year.
The post-lockout trap
Property left behind after a sheriff lockout is not yours to throw away. §1980 still applies. The most common conversion lawsuit we see comes from owners who treated the day-of-lockout cleanout as a free hand to dispose of everything. The damages claim that follows includes the value of the belongings plus statutory damages plus the tenant's attorney's fees.
Documentation in case it gets challenged
- Move-out inventory (photos, list).
- Copy of the §1983 notice and proof of service.
- Storage log (where, conditions).
- If sold: auction notice publication record, auction results, proceeds disposition record.
- If disposed: photos of disposal, dated.
Common questions
Can a California landlord throw away abandoned belongings?
Not without the §1980-1991 procedure. Serve the §1983 notice, wait 15/18 days, then either sell at auction (above the statutory value threshold) or dispose (below).
How long does a tenant have to reclaim?
15 days from personal service, 18 days from mailing under §1983. Tenant pays reasonable storage costs to recover.
What if the property is valuable?
Above the §1988 statutory threshold, the landlord sells at public auction with newspaper notice. Proceeds run through a defined waterfall: storage and sale costs, then judgment for unpaid rent, then to the tenant, with unclaimed amounts going to the county after one year.
Does §1980 apply after eviction lockout?
Yes. Same procedure regardless of how the tenancy ended. Trashing belongings the day of lockout is conversion.
CA Landlord Laws