A change in the law governing items left by tenants.

Back in May, I wrote a blog about the CA civil code that should be followed by landlords regarding the items left by tenants.

Beginning, January 1, 2013, pursuant to CA Assembly Bill 2521, the total resale value of personal property left behind by a tenant after termination of a tenancy that the landlord must sell at a public auction (rather than dispose of or retain for his or her own use), has been increased from $300 to $700, if certain procedures are followed. This law, however, also prohibits a landlord from assessing any storage cost if the tenant reclaims personal property within 2 days of vacating the premises.

Existing law provides that where personal property remains on the premises after the tenant has moved out, the landlord should give written notice to the tenant who the landlord reasonably believes is the owner of the personal belongings.

With the change in the law as of January 2013 in CA, a sample statement in the notice can now say, “Because this property is believed to be worth less than $700, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated (stated somewhere in the letter).

This bill would provide that the landlord may retain the property for his or her own use or dispose of it in any manner if the landlord reasonably believes that the total resale value of the property not released is less than $700.

Remember the value of the personal property is garage sale value.

It is always advisable to speak with an attorney regarding proper methods of communicating with former tenants.