When is the §1983 Notice of Right to Reclaim required?

When a tenant vacates and leaves personal property behind. The landlord can't simply discard or sell the items — California Civil Code §1980–1991 requires a written notice with specific content and a defined waiting period before disposal.

What must the notice contain?

Description of the property, place where it's stored, statement that reasonable storage costs may be charged, deadline to claim (at least 15 days personal/18 days mail), and a statement about what happens if not claimed. The statute provides specific required language.

How long does the tenant have to reclaim?

At least 15 days from personal service or 18 days from mailing. The landlord can set a longer period but not shorter.

What is the §1988 sale-vs-disposal threshold?

If the total value of unclaimed property is under the §1988 statutory threshold (currently $700, but verify the current amount), it can be disposed of without a sale. Above the threshold, it must be sold at public sale under §1988, and the proceeds (after storage and sale costs) go to the county after a waiting period.

Can I just throw out the tenant's stuff?

No. Disposing of tenant belongings without following the §1980–1991 procedure is a conversion claim — the landlord is liable for the value of the property plus potential punitive damages. Even small-dollar items have to run through the notice and waiting-period process.

California Notice of Right to Reclaim Property — Civil Code §1983 Required Content

TL;DR

§1983 requires a written notice describing the property, storage location, deadline to claim, and consequences of non-claim. 15 days personal / 18 days mail minimum. Under §1988's statutory threshold value, dispose. Above it, sell at public sale and remit net proceeds to the county after waiting period.

Required notice content

Description of the property (sufficient to identify)
Address where the property is stored
Statement that reasonable storage costs may be charged
Deadline to claim (≥15 days personal / 18 days mail)
Statement of what happens if unclaimed (sale or disposal under §1988)
Date and signature

Disposal vs sale under §1988

California Civil Code §1988 sets a value threshold. Below it (currently $700 — verify the current statutory amount), unclaimed property can be disposed of. Above the threshold, it must be sold at public sale; net proceeds (after storage and sale costs) go to the county. The statutory threshold has changed over time; check the current §1988 figure before disposal.

Storage costs

Reasonable storage costs can be charged against the claim. Document what reasonable means — comparable self-storage costs in the area work as a benchmark. Overcharging or arbitrary fees defeats the deduction.

Disposing without the notice is conversion

Discarding a tenant's belongings without the §1983 notice and statutory waiting period creates a conversion claim. Even items the landlord considers worthless require the procedure. The tenant can recover the property's value plus potential punitive damages, plus emotional distress in some cases.

Common questions — Notice of Right to Reclaim

When is the notice required?

Whenever a tenant leaves personal property behind after vacating.

What must it contain?

Description, storage location, claim deadline, consequences, signature.

How long must I wait?

15 days personal / 18 days mail minimum.

What's the §1988 threshold?

Value threshold below which disposal is allowed; verify current statutory amount before disposal.

Can I just toss it?

No. Conversion claim, damages, possible punitives.

The Notice of Right to Reclaim. You cannot just throw out a tenant's stuff.