Things to Know Before Starting an Eviction Cleanout

Eviction cleanouts can be some of the most challenging property cleanups a landlord, property manager, or professional junk-removal team will ever face. Whether a tenant left voluntarily or after a lengthy legal process, the aftermath often includes abandoned belongings, trash buildup, damage, and uncertainty about what can legally be removed. Preparation is essential, as these situations can be emotionally charged and legally sensitive. Before diving in with trash bags and cleaning supplies, it’s important to understand the rules, risks, and best practices that will help you perform the cleanout safely, efficiently, and legally.

1. Key Legal Requirements in California for Handling Tenant Property After an Eviction.

Eviction laws vary significantly between states—and even between counties. Before any cleaning begins, you must know exactly what the California law allows in terms of removing or storing a former tenant’s belongings.

1. Duty to Store the Property
   • When a tenant vacates—or is evicted—and leaves personal items behind, the landlord must securely store them. An eviction cleanout service typically includes the careful removal, packing, and temporary storage of any personal items left by the tenant.
   • “Reasonable care” must be used in storing the items; a landlord can be liable for damage or loss if negligent.
   • Storage can be on-site (like in a garage or spare room) or in a separate facility.
2. Notice to Reclaim
   • The landlord must send a written notice (“Notice of Right to Reclaim Abandoned Property”) to the former tenant (and any other person believed to have an interest in the property).
   • The notice must include:
     1. A description of the abandoned property, detailed enough that the tenant can identify it.
     2. Important legal requirements in California for handling tenant property after an eviction include the location where the property is stored and instructions on how the tenant can retrieve it.
     3. If the tenant reclaims the items, the landlord may charge reasonable storage costs.
     4. The landlord may set a deadline for the tenant to claim the property.
     5. What will happen if the property is unclaimed (e.g., disposal or sale)?
3. Time to Reclaim
   • If the notice to reclaim is personally delivered, the tenant has at least 15 days to reclaim their property.
   • If the notice is mailed, the period extends to 18 days.
   • These time frames are statutory under the CA Civil Code.
4. Storage Cost
   • Landlords may charge reasonable storage fees for the time the tenant’s property is held.
   • For on-site storage, the cost is often calculated as a “fair rental value” of the space used.
   • The tenant may need to pay these costs to retrieve their items.
5. Disposition of Unclaimed Property
   • If the tenant doesn’t claim the property by the deadline, the landlord may sell or dispose of it. If the tenant reclaims the items, the landlord may charge reasonable storage costs, which can affect the rental income.
   • Value-based rules apply:
     • If property is believed to be worth less than $700, the landlord may keep, sell, junk haul, or destroy it.
     • If property is worth $700 or more, the landlord must sell it via public auction to comply with the law.
   • After an auction, costs (storage, advertising, and sale) are first deducted.
   • Any remaining proceeds (after costs) must be remitted to the county treasury, not kept by the landlord.
   • The former tenant has a period (often up to one year) to claim any remaining proceeds from the county.
6. Liability
   • If the landlord fails to follow these legal steps (e.g., improper notice, illegal disposal), they can be held liable.
   • Proper documentation (inventory of items, photos, notes, and correspondence) is critical to defend against claims. While not always explicitly spelled out in statute, this is best practice.

2. Wait for Official Possession Before Entering the Property

One of the most common mistakes property owners and landlords make is entering the home too soon. Even if the tenant has clearly moved out or appears to have abandoned the property, the amount of junk left behind means you must wait until you have legal possession.

Legal possession usually occurs when:

• The sheriff or constable posts the official eviction notice
• The lockout is completed
• The court finalizes the eviction and returns the property to the landlord

Entering the property before that point—even if the tenant hasn’t paid rent in months—can be considered an illegal eviction or “self-help,” which can carry serious legal consequences.

3. Document Everything Before You Begin

Before removing a single item, take thorough photos and videos of the property. Documentation protects you in case of disputes and helps provide proof of damages for security deposit claims.

Be sure to document:

• The condition of each room, including potential unsanitary conditions.
• All abandoned belongings
• Any hazardous materials or biohazards
• Damage to walls, flooring, appliances, and fixtures
• There may be outdoor debris or trash left on the premises, necessitating the removal of such items.

A time-stamped digital record can save you from costly legal trouble later on.

4. Prioritize Safety—Eviction Cleanouts Can Be Hazardous

Eviction and foreclosure cleanouts often involve unique challenges and unknown risks associated with property management. You may encounter mold, spoiled food, pests, needles, broken glass, or unsafe structural conditions. Because you don’t know what the tenant left behind, it’s best to assume there could be health hazards.

Wear or provide:

• Heavy-duty gloves
• Respirator masks or N95 masks
• Safety goggles
• Steel-toe shoes
• Long sleeves and long pants

If you suspect biohazards—such as animal waste, human waste, or drug paraphernalia—consider hiring professionals trained in biohazard cleanup.

5. Separate Personal Property From Trash

Not everything left behind can automatically be thrown away. You may find furniture, electronics, clothing, or personal documents that legally must be stored or inventoried depending on state rules.

Create three categories:

1. Personal belongings—anything that reasonably appears to have value or personal significance
2. Trash and obvious waste—food waste, broken items, soiled furniture, debris
3. Hazardous materials—batteries, chemicals, paint, medical waste

Sensitive documents such as tax papers, medical records, and IDs should be handled carefully. Many states require landlords to store or secure these items to prevent identity theft or privacy violations.

6. Expect a Range of Property Conditions

Some eviction cleanouts of rental properties are minimal—perhaps a few pieces of broken furniture and some large items like trash bags. Others can feel overwhelming, with years of clutter, hoarding conditions, or extensive damage. Preparing mentally for anything can help you avoid frustration and underestimating the job.

Common situations include:

• rooms piled with trash and clothing
• abandoned furniture
• appliance damage
• pet waste or pest infestations
• holes in walls or damaged doors
• overflowing storage areas or garages

Set realistic expectations and plan for extra time if the property has been neglected for a long period.

7. Use the Right Tools and Equipment

A successful cleanout requires more than a broom and garbage bags. Having the right equipment on hand and understanding the importance of unfront pricing makes the process far more efficient, especially when dealing with larger items like a hot tub.

Helpful items include:

• Heavy-duty contractor bags
• Dollies or hand trucks
• Utility knives
• Pry bars
• Cleaning supplies (bleach, disinfectant, floor cleaners)
• Buckets and mops
• Truck or trailer for hauling debris
• Use portable dumpsters or roll-off containers to facilitate heavy lifting.

If you’re handling large amounts of furniture or debris, renting a dumpster or hiring a junk-removal company can save time and reduce the number of runs to a landfill.

8. Check for Valuable or Sensitive Items

It’s not uncommon to find valuables such as cash, jewelry, collectibles, or important legal documents during the eviction process cleanout, including unwanted junk. Whether legally required or not, it’s always a beneficial practice to set aside anything that appears valuable or personal. Returning valuable items to the tenant (or documenting the attempt to return them) helps avoid disputes and shows good faith.

9. Consider Hiring Wild West Junk Removal

Eviction cleanouts are physically demanding, time-consuming, and often emotionally stressful. Hiring Wild West Junk Removal professionals for efficient junk removal services can be a smart choice—especially for large, hazardous, or hoarding-level cleanouts.

Wild West Junk Removal’s professional eviction cleanout teams will:

• Remove junk quickly and safely
• Dispose of hazardous materials properly
• Provide their own dumpsters and hauling equipment
• Reduce landlord liability

If the property needs to be turned around quickly for a new tenant, outsourcing the cleanup to Wild West Junk Removal can save time and ensure the job is done thoroughly.

10. Sanitize and Restore the Property

Once the junk and debris are cleared, the next step is cleaning and repairing the property. This often includes:

• Deep cleaning the kitchen and bathrooms
• Carpet removal or steam cleaning
• Wall repairs and repainting
• Pest control
• Appliance repair or replacement
• Odor removal
• Changing the locks

A clean, safe, and odor-free property is essential before showing it to new tenants.

Final Thoughts

Starting an eviction cleanout without proper planning can lead to legal compliance issues, safety hazards, and unnecessary stress. You can manage the eviction cleanout process efficiently and responsibly by understanding your local laws, using safety gear, documenting everything, and utilizing the right tools or Wild West Junk Removal professional help, including appliance removal services. A well-handled eviction cleanout protects your property and helps ensure a smoother transition to the next tenant.