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How long do you have to hold a tenant's belongings in California?

The 15-day rule, the 18-day rule, the $700 rule, and what a property manager actually has to do with what is left in the unit, from a San Diego eviction cleanout and storage company.

How long do you have to hold a tenant's belongings in California?
The short answer

15 days after a sheriff lockout, and 15 or 18 days after a Notice of Right to Reclaim. After a lockout, the writ of possession gives the former tenant 15 days from the day the landlord takes possession to pay reasonable storage and reclaim their property (Code of Civil Procedure 1174, through CCP 715.030). After an abandonment or an ordinary move-out, the landlord sends a Notice of Right to Reclaim Abandoned Property and must hold the property until the date in that notice, which is at least 15 days if it was hand-delivered and at least 18 if it was mailed (Civil Code 1983). When the period ends: if the total value is under $700 the landlord may keep, sell or destroy it, and at $700 or more it must go to a public sale after published notice, with the net proceeds paid to the county (Civil Code 1988).

Two paths, depending on how the tenant left.

Which set of rules applies has nothing to do with how the unit looks and everything to do with how the tenancy ended. Get the path right first, because the notice, the clock and the paperwork all differ.

Path A: sheriff lockout (unlawful detainer)Path B: abandonment or move-out
Governing lawCCP 1174, through CCP 715.030Civil Code 1980 through 1991
Notice to tenantBuilt into the writ of possessionWritten Notice of Right to Reclaim Abandoned Property
Hold period15 days after the landlord takes possessionAt least 15 days if hand-delivered, 18 if mailed
Notice to other ownersCivil Code 1983 notice to anyone you reasonably believe owns itemsThe same notice, to the tenant and to any believed owner
Storage costsTenant pays reasonable storage to reclaimSame (Civil Code 1990); none if reclaimed within 2 days and the property never left the dwelling (Civil Code 1987(c))
After the periodUnder $700: keep, sell or dispose. At $700 or more: public sale after published notice, net proceeds to the county (Civil Code 1988)Under $700: keep, sell or dispose. At $700 or more: public sale after published notice, net proceeds to the county (Civil Code 1988)

The timeline, day by day.

Vehicles, firearms, medications and hazardous materials have their own rules and are not covered by the general abandoned-property process. Local ordinances, including San Diego tenant protections, can add requirements on top of state law. Have your attorney sign off on the process you actually run.

  • Day 0. The lockout happens, or you discover the unit abandoned. Photograph every room before anything moves.
  • Day 0 to 1. Separate obvious trash from personal property. Inventory the property and store it with reasonable care.
  • Day 15 or 18. The reclaim deadline, which is either the date on the writ or the date in your notice. Release the property on payment of reasonable storage.
  • After the deadline. Under $700, keep, donate or dispose. At $700 or more, publish notice and hold a public sale.

Mistakes that turn into lawsuits.

  • Dumping before the deadline. Disposing of property before the reclaim date is the most common error and the most expensive one.
  • No photos. Without a dated inventory it is your word against the tenant about what was in the unit.
  • Guessing at value. A TV, a bike and a few tools can clear $700 quickly and trigger the public-sale requirement.
  • Handing over keys. Supervise reclaim visits. Do not give a former tenant unsupervised access to stored property.
  • Storing it in the unit. It blocks your turnover and you are still responsible for reasonable care.

How Gorilla Movers handles it for you.

We are a San Diego moving and storage company, not a junk hauler, which matters here: the same crews and the same warehouse that handle a household move handle the hold, so the property is treated as though it is going back to its owner.

  • Room-by-room photos before we touch anything
  • Trash and personal property sorted on site by trained crews
  • Item-level photo inventory, emailed the same day
  • Sealed wooden vaults in our 75,000 sq ft Miramar warehouse
  • Tenant reclaims at our dock, by appointment, with a signed release
  • A storage-cost ledger for your file
  • Disposal, donation or sale preparation when your hold ends

Sources, and one important limit.

California Code of Civil Procedure 1174 and 715.030; California Civil Code 1980 through 1991, including 1983, 1984, 1987, 1988 and 1990; and AB 2521 (2012), which raised the value threshold from $300 to $700.

Gorilla Movers is not a law firm. This page is general information from a moving and storage company, not legal advice. Laws change and local rules vary, so confirm your process with a California landlord-tenant attorney.

Quick answers

How long does a landlord have to keep a tenant's belongings in California?
After a sheriff lockout, the writ of possession gives the former tenant 15 days from when the landlord takes possession to reclaim property (CCP 1174). After an abandonment or other move-out, the landlord sends a Notice of Right to Reclaim Abandoned Property and must hold items until the date in that notice: at least 15 days if hand-delivered or at least 18 days if mailed (Civil Code 1983).
What is the $700 rule?
When the reclaim period ends, if the landlord reasonably believes the total resale value of the unclaimed property is less than $700, it may be kept, sold or destroyed without further notice. At $700 or more, the property must be sold at a public sale after notice by publication, and remaining proceeds after storage, advertising and sale costs go to the county (Civil Code 1984, 1988).
Can the landlord charge the tenant for storage?
Generally yes. The tenant can be required to pay reasonable costs of storage before property is released (Civil Code 1990). An exception: if the tenant reclaims within 2 days of vacating and the property never left the premises, storage charges generally don't apply (Civil Code 1987(c)).
Can I store the tenant's belongings off site?
Yes. The landlord may store the property on the premises or in a place of safekeeping, and must exercise reasonable care in storing it. A bonded warehouse with a photo inventory is the cleanest way to show reasonable care.
Does trash have to be stored too?
No. The notice and hold rules apply to personal property. Obvious trash, spoiled food and debris can be removed. The line between trash and property is where most disputes start, so photograph everything and ask your attorney when in doubt.
Can I email the Notice of Right to Reclaim?
Yes, as an addition. If the former tenant gave you an email address, Civil Code 1983(c) lets you also send the notice by email, alongside personal delivery or first-class mail. The 15/18-day clock is based on personal delivery or mail, so don't rely on email alone.

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