Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. No, she cannot do this legally per se. But at the same time, one has to give her proper notice of to pick up her things. Allow me to explain.TENANT AT SUFFERANCE and ABANDONMENT
She was what is known as a tenant at will. A tenant at will is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.
However, when she left, she abandoned the tenancy at sufferance. But point is - she was
a tenant (the weakest type of tenancy, but a tenancy anyhow).
This means that certain things have to be done before her property is disposed of.
According to Civil Code § 1983 et seq
, 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.
A sample letter is below:Dear ____________,
This correspondence is in regards XXXXX XXXXX property stored at __address____, left by you on ___date_____:
To this date, the property has not been picked up. It is stored at (adrs) (yours or another one such as storage, etc). Notice is hereby given that unless this property is picked up in 18 days of your receipt of this certified letter, the property in question over $300 shall be sold and anything under $300 will be donated and otherwise disposed of.
Please contact me via ____tel and/or ___address____ to coordinate your pick up of the property.
So yes, you may place it into storage and have her be responsible for it. If she does not pick it up within 18 days of receipt of the letter, then the property is forfeited.
I hope this helps and clarifies. Good luck.
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