Tenant's abandoned(?) property makes space unrentable
July 18, 2017 11:25 AM Subscribe
I had tenants that moved out of my guest cottage (~150-200 sqft) with proper 30 days notice. However, it is a tiny studio, and - among other large items - they left behind a couch that takes up 25-33% of the living area (i.e. the area that is not the kitchen or bathroom) of the space.
I am in CA where tenant abandoned property laws are pretty specific in that I have to give the tenant a written accounting of the items-of-value left behind and a period of time in which they can reclaim them. I am obligated to store them in a safe place in the meantime before - after exhausting all measures to reunite tenant with property - I am finally legally allowed to sell/dispose.
This sofa however, is quite large and in such a small space, it renders the unit essentially unrentable to prospective tenants who would likely need as much space for their own personal items as possible. I have no easy way to move the couch (5'3" with torn rotator cuff). Would need to find and hire some people, perhaps to move it for me. I have a shed it might fit in that is maybe 30 feet away through several tight passages. In the meantime, as long as the couch is there, I'm losing the ability to rent out the space.
I owe the tenant an itemized list of expenses to deduct from the security deposit within 21 days of her terminating her tenancy. I can't even properly assess the cost of cleaning the carpet with the couch in there.
I've contacted the tenant over the weekend and she replied: "Hi, we're outta town this wknd but can move the stuff this week... FYI, we would've moved the bike but we got Lock w used bike n couldn't remember combo so need tool to cut it off; re couch if future renters want couch they cud keep it or we will move it (we don't need it/doesn't fit in new home space)...will door or back door be open since we left keys there" It is now Tuesday and I haven't heard from her yet.
(The bike is another story, in that it blocks a common entrance.)
My main questions are:
1) Did the tenant officially vacate on July 8 if she left such significant items behind? Even though she claims she left the keys in the unit (which I've yet to find?), her personal items continued to occupy the unit. She clearly stated she has no intent to keep the couch for further personal use.
2) Can I legally deduct prorated rent from her security deposit for every day that she leaves her items there for storage or would it have been my obligation to move them out of the way ASAP and begin treating as abandoned property using July 8 as the effective date she "vacated"?
(Minor detail that may or may not be important: She officially vacated July 8, and I was out of town from July 8-15, and so I didn't even get in to inspect the cottage until July 16.)
I want to follow the law to the letter, but am confused on this one issue. I can't seem to find precedent anywhere in my searches. Please point me to some resources. I know that none of you are my lawyer.
Thank you!
I am in CA where tenant abandoned property laws are pretty specific in that I have to give the tenant a written accounting of the items-of-value left behind and a period of time in which they can reclaim them. I am obligated to store them in a safe place in the meantime before - after exhausting all measures to reunite tenant with property - I am finally legally allowed to sell/dispose.
This sofa however, is quite large and in such a small space, it renders the unit essentially unrentable to prospective tenants who would likely need as much space for their own personal items as possible. I have no easy way to move the couch (5'3" with torn rotator cuff). Would need to find and hire some people, perhaps to move it for me. I have a shed it might fit in that is maybe 30 feet away through several tight passages. In the meantime, as long as the couch is there, I'm losing the ability to rent out the space.
I owe the tenant an itemized list of expenses to deduct from the security deposit within 21 days of her terminating her tenancy. I can't even properly assess the cost of cleaning the carpet with the couch in there.
I've contacted the tenant over the weekend and she replied: "Hi, we're outta town this wknd but can move the stuff this week... FYI, we would've moved the bike but we got Lock w used bike n couldn't remember combo so need tool to cut it off; re couch if future renters want couch they cud keep it or we will move it (we don't need it/doesn't fit in new home space)...will door or back door be open since we left keys there" It is now Tuesday and I haven't heard from her yet.
(The bike is another story, in that it blocks a common entrance.)
My main questions are:
1) Did the tenant officially vacate on July 8 if she left such significant items behind? Even though she claims she left the keys in the unit (which I've yet to find?), her personal items continued to occupy the unit. She clearly stated she has no intent to keep the couch for further personal use.
2) Can I legally deduct prorated rent from her security deposit for every day that she leaves her items there for storage or would it have been my obligation to move them out of the way ASAP and begin treating as abandoned property using July 8 as the effective date she "vacated"?
(Minor detail that may or may not be important: She officially vacated July 8, and I was out of town from July 8-15, and so I didn't even get in to inspect the cottage until July 16.)
I want to follow the law to the letter, but am confused on this one issue. I can't seem to find precedent anywhere in my searches. Please point me to some resources. I know that none of you are my lawyer.
Thank you!
To eliminate all ambiguity, you could just buy the couch from her. Not recommending that necessarily, but putting it out as an option.
posted by amtho at 11:41 AM on July 18, 2017 [1 favorite]
posted by amtho at 11:41 AM on July 18, 2017 [1 favorite]
This has some helpful information; sounds like you can charge storage costs and I bet if you let your tenant know that she is being charged, the items will be gone tomorrow. If the couch is decent enough that someone will take it for free on Craigslist, that makes things a lot easier and in that case I would just have the tenant acknowledge that she doesn't want it and that you are free to get rid of it. The real issue is if the couch is a piece of junk that would cost money to haul away; in that case inform the tenant that either she does it herself or you charge her.
posted by acidic at 11:53 AM on July 18, 2017 [15 favorites]
posted by acidic at 11:53 AM on July 18, 2017 [15 favorites]
Best answer: I think you have a strong case that your tenant did not "deliver" the unit back to you at the end of their lease agreement and is now occupying the unit illegally and without paying rent. You can serve them with a three-day eviction notice that they have 1. Failed to pay rent 2. Continue to occupy the unit with personal possessions 3. Have not surrendered the key.
Thus the 21 days to provide an itemised list does not come in effect until they have paid the rent due on the 8th, remove their belongings, and surrendered their copies of the key.
This has some lay language you may find helpful:
http://www.achhd.org/documents/California-Tenants-Guide.pdf
posted by saucysault at 7:03 PM on July 18, 2017 [2 favorites]
Thus the 21 days to provide an itemised list does not come in effect until they have paid the rent due on the 8th, remove their belongings, and surrendered their copies of the key.
This has some lay language you may find helpful:
http://www.achhd.org/documents/California-Tenants-Guide.pdf
posted by saucysault at 7:03 PM on July 18, 2017 [2 favorites]
If they still have furniture there, how can they legally be considered to have moved out? She may not want the couch but that doesn't mean she gets to make it someone else's problem, especially when doing so costs that person hundreds of dollars in lost income a week. I would send her a message saying that as long as her stuff is still there, she still occupies the flat and will be charged full rent. That couch will be outta there so fast your head will spin...
posted by Jubey at 9:11 PM on July 18, 2017 [3 favorites]
posted by Jubey at 9:11 PM on July 18, 2017 [3 favorites]
If I did this, as a renter, I'd be shocked if my landlord didn't consider disposal of the couch as damages to be deducted from the security deposit in order to restore the unit back to its original state. Kind of like if I left pasta sauce all over the oven, I'd expect to be charged a cleaning fee.
posted by slagheap at 9:50 PM on July 18, 2017 [5 favorites]
posted by slagheap at 9:50 PM on July 18, 2017 [5 favorites]
This thread is closed to new comments.
With the caveat that I am nowhere even close to an authority on landlord/tenant rules, I would look at this and say, yeah, ok, I have in writing (I'm assuming this is a text message) that they do not want the couch. The theoretical future renters could easily come in, say nope I don't want this couch either, and list it on craigslist. You can just cut out the middle man. Theoretically.
Note: In my experience the easiest way to get rid of a couch is to list it on craigslist for "$5, you move it." NOT FREE. Human nature doesn't trust a free couch. But a $5 couch? That gets people interested. A whole couch! For only $5! Someone will come and get it and it's no longer your problem.
posted by phunniemee at 11:32 AM on July 18, 2017 [32 favorites]