Q: How do I properly deliver a Notice to Reclaim abandoned property in California?
In California, if you’re dealing with abandoned property (most commonly in a landlord-tenant situation), the law requires you to give a formal
📝 1. What the Notice Must Say
The written notice must include the following key elements:
📌 Identification of Parties
- Name of the former tenant or owner you reasonably believe owns the property.
- Their last known address (or other address reasonably expected to reach them).
📌 Description of Abandoned Property
- A clear description of the property left behind so the owner can reasonably identify it.
📌 Where Property Can Be Claimed
- The address or location where the abandoned items are being stored and where they can be retrieved.
📌 Deadlines
- A claim deadline that must be at least:
- 15 days after personal delivery; or
- 18 days after being mailed.
- If you’re notifying someone other than the tenant (e.g., someone else reasonably believed to own the property), similar timing applies.
📌 Storage Costs & Claim Conditions
- A statement that reasonable storage costs (if any) may be charged and must be paid before release of the items.
📌 Disposal or Sale Information
You must include one of these options depending on estimated value:
✔ If property is believed to be worth $700 or more:
“If you fail to reclaim the property, it will be sold at a public sale … and after costs, remaining money will be paid to the county where you may claim it within one year.”
✔ If property is believed worth less than $700:
“Because this property is believed to be worth less than $700, it may be kept, sold, or destroyed without further notice…”
Tip: If you’re not sure of value, err on the side of caution and comply with the more formal public sale procedures.
📨 2. How to Deliver the Notice
California law accepts multiple delivery methods, but how you deliver affects the timeline:
📍 Personal Delivery
- Hand-deliver the notice directly to the tenant or owner.
- This triggers the 15-day minimum reclaim period.
📬 First-Class Mail
- Mail the notice postage prepaid to the person’s last known address.
- If there’s reason to believe that address won’t be received, you can (and should) also mail to any other address where the person reasonably might be reached (e.g., forwarding addresses, attorney).
- Include a copy mailed to the vacated premises if sending by mail to a former tenant.
- This triggers the 18-day minimum reclaim period.
📧 Optional Email
- If the former tenant previously agreed in writing to notices by email, sending the notice by email may be acceptable; however, many landlords still mail or hand-deliver to ensure compliance.
👉 Best Practice: Send notice both by mail and another method (like personal delivery) to maximize likelihood the owner receives it and to protect yourself from claims of improper notice.
🗂 3. After Delivery
⏱ Hold Period
- You must continue to store the property in a reasonably safe place until the notice period expires (15 or 18 days depending on delivery).
📦 Claim and Storage Costs
- If the owner comes within the period and pays storage (if applicable), you must return the property.
🔨 Disposal or Sale
- If property is unclaimed after the period:
- If less than $700, you may keep, sell, or dispose of it.
- If $700+, you generally must conduct a public sale with published notice, then pay remaining proceeds (after costs) to the county treasury for the owner to claim.
📌 Important Notes
- These procedures are strict statutory requirements; failure to follow them can expose you to legal liability, including claims for conversion or damages.
- For non-rental abandoned property (e.g., from a storage facility), similar statutory procedures under different sections (like Business & Professions Code § 21712.4) apply with comparable notice and delivery requirements.
- If you’re uncertain of correct valuation or other specifics, consider consulting an attorney to ensure compliance.
