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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99981
Experience:  Attorney
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I am dealing with a tenant that I had legally evicted with

Customer Question

I am dealing with a tenant that I had legally evicted with ajudgement for my possession back...he was removed by sheriff on 1-27-16.
he did not make an attempt to remove his tools and and heavy equipment for the next 15 days because he thought he could rectify the situation and regain tenancy.
tomorrow will be 33 days since the sheriff locked him out....but he is still not out.
I have given him acces all along as he has wanted to move his stuff...but he still is not finished....how long does this have to go on on? ive been charging him storage for everyday since the sheriif lock out, but I need him out to rent to a new tenant.
he left owing my dad 21,000.00 dollars
when am I no longer responsible for his property that he still wants, but doesn,t have the money for storage to access his stuff or the money to move the stuff to another storage facility or a place to take his big stuff to?
Submitted: 9 months ago.
Category: Landlord-Tenant
Customer: replied 9 months ago.
I'm sorry that I did not mention that this is a commercial tenant CA
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

First of all understand that once the Sheriff has executed a Writ and locked him out, the former landlord (i.e. you) does not have to allow them back in. For their items left, that is a different matter.

Ca. Civil Code § 1983 et seq. controls here. The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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