Commercial Landlords Disposal of Tenant's Personal Property...

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Real Estate Agent with Berkshire Hathaway HomeServices 01238708
https://activerain.com/droplet/5hf6

Commercial Landlords Disposal of Tenant's Personal Property...

 

The current Law in California provides an alternative procedure for disposal of a commercial tenant's personal property, left behind after a tenant vacates the premises. The existing law requires a landlord to give written notice to the tenant if personal property remains after the end of a tenancy and it directs the landlord to sell the  property at a public sale.

However, if the landlord reasonably believes that the total resale value of the personal property is less than $750 or $1 per square foot of the premises occupied by the tenant, then the landlord is authorized to retain the property for his or her use or dispose of it in any manner fit.

www.endrebarath.com

Now let us look at the New Law:   This new law increases the threshold calculation of the total resale value of the personal property to either $2500 or an amount equal to one month's rent for the premises the tenant occupied, whichever is greater.

www.endrebarath.com

So how did this happen? Well the Assambly Bill 2173 amendeded the old Civil Code. Again the Politicians were at work. I am trying to get the word out to all my commercial tenant and landlord clients, since I am confident they were not made aware.

If you missed my post about the Notice that Landlords must give please check out this post (Commercial Notice to Tenant... )

Now if you are looking for a Realtor who keeps up with all the laws, please reach out to me directly

 

If you are looking for a knowledgeable, focused and goal-oriented Realtor in the Beverly Hills area who will help you achieve your Real Estate goals, please reach out to me directly!

If you are looking for a pet friendly Beverly Hills Realtor who can handle and sell the most difficult properties that no one else could, please reach out to me directly!! If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu, feel free to contact me at 310.486.1002 (m) or homes@endrebarath.com or visit one of my websites at https://www.endrebarath.com  I contribute a portion of my commission to local animal rescue organizations.

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Rainmaker
2,157,076
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Holy cow. That means you could leave, say, an old car in the driveway and they could snatch it if it was worth less than $2500?

Once I had a landlord take my wrench kit, which was a present from my brother, and he refused to give it back. Said it wasn't there anymore, 3 days after I moved out.

Feb 10, 2019 06:40 PM #1
Rainmaker
3,045,180
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents  well you know when politicians get involved this is what happens...instead of using common sense...Endre

Feb 10, 2019 06:46 PM #2
Rainmaker
1,469,733
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

When I was a landlord and property manager I had to have at least one rummage sale a year to get rid of all the crap left behind by tenants Endre Barath, Jr.  One thing that the oil boom brought (2010) was a city wide infestation of bed bugs... that ended rummage sales for me even though only one of the properties I managed ended up with the bugs.

Feb 10, 2019 07:33 PM #3
Ambassador
3,008,688
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

They're all about interfering and building law, upon law yet, they leave a BIG part of their law highly subjective - " if the landlord reasonably believes"

I'm sure this is going to create future litigation - if it hasn't already!

Feb 10, 2019 08:28 PM #4
Rainmaker
3,045,180
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Bob "RealMan" Timm  yes I can see that would be a discourager, just on a side note I heard that Hotels in Boston are having a huge problem...Endre

Feb 10, 2019 09:39 PM #5
Rainmaker
3,045,180
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Debe Maxwell, CRS  as I read that part of  law I was cringing too, well it has been in effect since 01/01/2019 so my answer is "soon", Endre

Feb 10, 2019 09:56 PM #6
Rainmaker
2,381,414
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

That's a significant change, Endre.  That line, "Landlord reasonably believes," certainly makes it a subjective decision.  Open to all sorts of interpretation.

Feb 12, 2019 01:52 PM #7
Rainmaker
4,752,738
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Happy Sunday morning Endre.  This is good information for commercial landlords.

Feb 17, 2019 04:59 AM #8
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Rainmaker
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Endre Barath, Jr.

Realtor - Los Angeles Home Sales 310.486.1002
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