Notice Of Abandonment

Under California law, if after 14 consecutive days of non-payment of rent landlords believe their tenants may have abandoned the property the landlords must send the tenants a notice of belief of abandonment.The document explains the tenants' obligations if they would like to remain in the property.

Abandonment can only be assumed from the tenant leaving the property, taking their possessions and handing in the keys. However as surrender of the property is implied from the same actions, an Abandonment Notice may be unnecessary.

In California, property is generally presumed abandoned if it has remained unclaimed by the owner for more than three years after it became payable or distributable. However, this time limit varies depending on the type of property involved.

Each state has different laws regarding what is considered property abandonment in a rental situation, and how long you are required to hold onto the property (though it's usually about 15-20 days).

According to U.S. law, property that is left behind by a tenant is typically assumed to be abandoned after a specific timeframe. This timeframe can be anywhere between one week and one year. If the property remains unclaimed during this timeframe, it may be disposed of, or sold in order to recoup storage costs.

Disposing of Abandoned PropertyIf the tenant does not claim the property in time, then you can sell the property at a public auction. You must provide notice of the sale in a local newspaper with general circulation at least five days before the sale.

If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time say five days after which the locks will be changed if no contact is received.