Can landlord get rid of abandoned personal property when tenant left rental house voluntarily without 30 day notice to landlord

Under California law, before you can dispose of the property, you need to follow certain steps. These are detailed on the California Department of Consumer Affairs website. http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml In summary, you have to give notice first, before disposing of the property. If you have no idea where the tenant is, you must mail the notice to the tenant's last known address. If the last known address is your own rental property that the tenant just vacated, you still must mail the notice there, because that's what the law specifies (and the tenant might have a forwarding order with the post office.) In the notice, you must state a deadline for the tenant to reclaim the property, which must be at least 18 days from the day you mailed the notice. You may charge reasonable storage costs if the tenant appears to reclaim the property, if you include that fact in the notice. There are limitations on how you can dispose of the property, depending on the value. Read the California Department of Consumer Affairs website for details. Note: I am licensed to practice in California. In a case outside of California the above information does not apply. This is general information, not legal advice, and no attorney-client relationship has been formed.

Under general California law (the law in your particular county may be more stingent if there is a rent control ordinance) -- To dispose of apparently abandoned property without risking liability for damages, a landlord must follow the steps below. If the tenant left the unit because of a court-ordered eviction, the timing of the steps is slightly different. Step 1. Write a notice to the former tenant or tenants (not necessary if the tenants were formally evicted by the sheriff). Step 2. Write a notice to athe tenant and any other person whom the landlord believes may be the owner of some or all of the abandoned property. The notice must be mailed by first class mail with postage prepaid to the tenant or other possible owner at her or his last know address. The notice should: 1) Describe the premises and the property abandoned -- give enough information about the property so that the possible owner can identify it. 2) Tell the tenant or other possible owner receiving the notice the place where the property may be claimed. 3) Give the tenant or other possible owner a deadline (at least 15 days) after which time the property cannot be claimed. 4) State any charge for the storage of the property. Step 3: Take pictures of everything and retain copies of the notices you have sent in a file. Step 4: If the landlord does not receive a response, and if the landlord reasonably believes the property has a fair market value of less than $300, then it can be kept, given away, sold or disposed of by the Landlord after the 15 to 30 days period. OR If the property is worth more than $300, the Landlord must auction the property through a public sale. The Notice of the time, date and place of the auction must be published in a newspaper of general circulation once per week for two consecutive weeks. The auction can then take place five days or more after the last Notice was published. For more information see http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.

My colleagues are correct assuming the property was indeed abandoned.