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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in California. A friend of mine stayed at my leased

Resolved Question:

I live in California.

A friend of mine stayed at my leased house, rent free, for a year. She has voluntarily left to live somewhere else and I have a note in writing to that effect. I am concerned for my safety if she returns to pick up the remainder of her property she has left. I am changing the locks on my house so she cannot return at will.

I would like to have reputable packers pack her things and i am willing to pay for this and for a month's storage of her items. I just want to tell her where to pick up her stuff.

Can I do this legally? She has no money so not sure what she can do about it but would like to know.

Thanks,

Cheryl
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
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_____:

(list)

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.

Sincerely,

Signature

Name


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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces 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. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

I understand I must give her notice where to pick up the property.


 


My question is can I just have packers come tomorrow and pack and take her things to a reputable storage facility and just tell her to pick it up here. I want to do this AFTER her stuff is out of my house. Like tomorrow.


 


Thanks, cm

Expert:  Ely replied 11 months ago.
Cheryl,

can I just have packers come tomorrow and pack and take her things to a reputable storage facility and just tell her to pick it up here. I want to do this AFTER her stuff is out of my house. Like tomorrow.

Yes. Nothing states that her property cannot be moved to storage while it awaits her pick up. In fact, many landlords do this. So yes, this may be done. Tomorrow, or even today.

Thanks, cm

No problem.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

As an alternative, I assume I can also get her things out of her room and have packers pack and inventory it and put it in my garage and she can just pick it up there. That way it has not technically left the property and I don't have to have her in my house again.


 


Would that be safer? Or does it not make a difference.


 


Thanks again

Expert:  Ely replied 11 months ago.
Cheryl,

As an alternative, I assume I can also get her things out of her room and have packers pack and inventory it and put it in my garage and she can just pick it up there. That way it has not technically left the property and I don't have to have her in my house again.

Yes, this too. But if you put it into commercial storage (as what I meant earlier), she would not have to be in your home again this way, either.

So either plan would work the same.

Would that be safer? Or does it not make a difference.

Legally, it makes no difference. As for safer - it is whatever you wish to do. You can:

-have her pick up the property from the home;
-have her pick up the property from the garage; or
--have her pick up the property from a commercial storage unit.

Any of the three satisfies the requirements.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87191
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

Thank you so much.


 


cm

Expert:  Ely replied 11 months ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Expert:  Ely replied 11 months ago.
Thank you for your gratuity.

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