Checklist for Tenant Abandonment of Property in California

 

The Law Office of David Piotrowski provides a checklist for proving or disproving tenant abandonment in California.  Legal counsel should be consulted prior to exercising the tenant abandonment remedy.  California landlords may be able to use the tenant abandonment remedy if the following conditions are true:

  • Rent due and unpaid for at least 14 consecutive days
  • Landlord’s reasonable belief that tenant has abandoned property
  • Landlord giving tenant written notice of belief of abandonment
  • Statutory form must be substantially followed
  • Tenant’s failure to give landlord written notice, prior to termination date specified in landlord’s notice, stating:
    1. Address at which tenant may be served by certified mail in unlawful detainer action
    2. That tenant does not intend to abandon property

Form of notice of belief of abandonment

Specification of date of termination of lease which is:

  • Not less than 15 days after notice is served personally, or
  • If notice is mailed, not less than 18 days after deposit in mail

Service of notice of belief of abandonment

  • Personal delivery to tenant, or
  • Service by first-class mail, postage prepaid, to tenant
  • At tenant’s last known address, and
  • If reason to believe that notice sent to that address will not be received, to any other address known to landlord where tenant may reasonably be expected to receive notice

Matters on proof of which by tenant premises will not be deemed abandoned pursuant to statutory procedure

  • Rent not due and unpaid for 14 consecutive days at time notice of belief of abandonment given
  • Not reasonable for landlord to believe that tenant had abandoned property at time notice of belief of abandonment given
  • Tenant giving landlord written notice, prior to termination date specified in landlord’s notice, stating
      • That tenant does not intend to abandon property
      • Address at which tenant may be served by certified mail in unlawful detainer action
      • Tenant’s payment to landlord of all or portion of due and unpaid rent during period commencing 14 days before time notice of belief of abandonment given and ending on termination date specified in landlord’s notice

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

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