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I had to do a sheriff lockout after did the eviction for none…

Customer Question
I had to do a...
I had to do a sheriff lockout after did the eviction for none payment of rent since Dec 2011 so tomorow the sheriff putting them out. If they do not have their items out do I have to keep their things for a certain amount of time in the State of California or does tenant lose what ever was left inside the apartment?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/13/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,887
Experience: Lawyer; developer/owner of RE developments.
Verified
Good evening. Here's what you do under CA statute 2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:



(1) From what and how it was saved.


(2) Whether the owner of the property is known to the affiant.


(3) That the affiant has not secreted, withheld, or disposed of any part of the property.

(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

 

 

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Customer reply replied 6 years ago
I'm sorry but that is a horrible answer it is confusing to me on what it is I'm suppose to do. Of course I know them they are renting from me and forcibly being put out tomorrow by sheriff and so i still have to store their items till when? your answer says a reasonable time what is that?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
I'll opt out and let another expert help you. Take care.
Ask Your Own Landlord-Tenant Question
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,015
Experience: B.A.; M.B.A.; J.D.
Verified
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: Of course I know them they are renting from me and forcibly being put out tomorrow by sheriff and so i still have to store their items till when? your answer says a reasonable time what is that?

Response
: A different Expert here.

You have to keep the items for at least 15 days. The California Code that controls here on how to properly treat the Tenant's belongings is California Civil Code Section 1983. So, you need to review the Section very carefully for further directions on how to handle the leftover property. See especially subsection (b) the underlined area. Also see Section 1984 of California Civil Code for the form of notice:


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1980-1991

1983. (a) Where personal property remains on the premises after a

tenancy has terminated and the premises have been vacated by the

tenant, the landlord shall give written notice to the tenant and to

any other person the landlord reasonably believes to be the owner of

the property. If the property consists of records, the tenant shall

be presumed to be the owner of the records for the purposes of this

chapter.

(b) The notice shall describe the property in a manner reasonably

adequate to permit the owner of the property to identify it. The

notice may describe all or a portion of the property, but the

limitation of liability provided by Section 1989 does not protect the

landlord from any liability arising from the disposition of property

not described in the notice except that a trunk, valise, box, or

other container which is locked, fastened, or tied in a manner which

deters immediate access to its contents may be described as such

without describing its contents. The notice shall advise the person

to be notified that reasonable costs of storage may be charged before

the property is returned, where the property may be claimed, and the

date before which the claim must be made. The date specified in the

notice shall be a date not less than 15 days after the notice is

personally delivered or, if mailed, not less than 18 days after the

notice is deposited in the mail.

(c) The notice shall be personally delivered to the person to be

notified or sent by first-class mail, postage prepaid, to the person

to be notified at his or her last known address and, if there is

reason to believe that the notice sent to that address will not be

received by that person, also to any other address known to the

landlord where the person may reasonably be expected to receive the

notice. If the notice is sent by mail to the former tenant, one copy

shall be sent to the premises vacated by the tenant.


1984. (a) A notice given to the former tenant which is insubstantially the following form satisfies the requirements ofSection 1983: Notice of Right to Reclaim Abandoned Property To: _________________________ (Name of former tenant) ____________________________ (Address of former tenant) When you vacated the premises at ________________ ________________________________________ (Address of premises, including room or __________________________ , apartment number, if any) the following personal property remained: _______________________________________________ (Insert description of the personal property) You may claim this property at __________________ _________________________________________. (Address where property may be claimed) Unless you pay the reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988. (Insert here the statement required by subdivision (b) of this section) Dated: _______ ____________________________ (Signature of landlord) _______________________ (Type or print name of __________ landlord) ________________________ (Telephone number) __________________ (Address) (b) The notice set forth in subdivision (a) shall also contain oneof the following statements: (1) "If you fail to reclaim the property, it will be sold at apublic sale after notice of the sale has been given by publication.You have the right to bid on the property at this sale. After theproperty is sold and the cost of storage, advertising, and sale isdeducted, the remaining money will be paid over to the county. Youmay claim the remaining money at any time within one year after thecounty receives the money." (2) "Because this property is believed to be worth less than $300,it may be kept, sold, or destroyed without further notice if youfail to reclaim it within the time indicated above."

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,015
Experience: B.A.; M.B.A.; J.D.
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