
Abandoned Units and Personal Property Left Behind in California
California has two separate procedures here. Civil Code § 1951.3 lets a landlord end a lease that appears abandoned, but only after rent has been unpaid for at least 14 consecutive days, by serving a notice with a termination date at least 15 days out (18 if mailed). Civil Code §§ 1980 to 1991 set an optional procedure for belongings left after a tenant has moved out: written notice, a claim period of at least 15 days (18 if mailed), and then a public sale, unless the property is reasonably believed to be worth less than $700, in which case it may be kept or disposed of.
At a glance
| Item | Rule |
|---|---|
| Law | Civil Code § 1951.3 (abandonment of the unit); §§ 1980 to 1991 (personal property left behind) |
| Applies to | § 1951.3: residential and other non-commercial real property. §§ 1980 to 1991: property left after the tenancy has ended and the tenant has vacated (not mobilehomes, manufactured homes or commercial coaches) |
| Abandonment trigger | Rent due and unpaid for at least 14 consecutive days, and a reasonable belief the tenant has abandoned |
| Abandonment notice | Termination date at least 15 days after personal service, or 18 days after mailing |
| Property notice | Claim deadline at least 15 days after personal delivery, or 18 days after mailing; may also be emailed if the tenant gave an email address |
| Value threshold | Under $700 total resale value: landlord may keep or dispose of it. Otherwise: public sale by competitive bidding |
| Sale proceeds | After costs, balance goes to the county within 30 days; owner may claim it within one year |
| Self-help risk | Removing belongings outside this procedure, to end occupancy, violates Civil Code § 789.3 |
| Last changed | § 1951.3 amended by AB 2847, effective January 1, 2019; §§ 1983 and 1988 amended by AB 2521, effective January 1, 2013 |
What the law says
Ending the lease of an abandoned unit (§ 1951.3)
A landlord may give a notice of belief of abandonment only when both of these are true:
- Rent has been due and unpaid for at least 14 consecutive days.
- The landlord reasonably believes the tenant has abandoned the property.
The notice must use the statutory form in § 1951.3(e) and state a termination date that is not less than 15 days after personal service, or not less than 18 days after mailing. It is delivered personally or by first-class mail to the tenant's last known address. If there is reason to believe the tenant will not receive it there, it must also be sent to any other address where the tenant may reasonably be expected to receive it.
The lease ends on the stated date unless, before then, the tenant gives the landlord written notice that they do not intend to abandon, plus an address where they can be served by certified mail in an unlawful detainer case.
A tenant can defeat the termination by showing any of these:
- Rent was not unpaid for 14 consecutive days.
- The landlord's belief was not reasonable. The fact that the landlord knew the tenant left belongings behind does not, by itself, make the belief unreasonable.
- The tenant gave the written counter-notice in time.
- The tenant paid any rent between 14 days before the notice and the termination date.
A notice of belief of abandonment is not a three-day notice and does not satisfy CCP §§ 1161 to 1162. A three-day notice to pay rent or quit may still be served separately (see three-day notices).
Belongings left behind (§§ 1980 to 1991)
This chapter is an optional procedure. It applies to personal property that remains after the tenancy has ended and the tenant has vacated. If its requirements are not met, the parties' rights are unaffected; following it gives the landlord a liability shield for releasing or disposing of the property (§ 1989). Property the landlord reasonably believes was lost goes through the lost-property procedure in Civil Code § 2080 and following; if the police refuse it, this chapter applies.
Step 1: Written notice (§ 1983). Send notice to the former tenant and to anyone the landlord reasonably believes owns the property. The notice:
- Describes the property. A locked or tied container may be described as such.
- Says storage costs may be charged, where the property can be claimed, and the deadline.
- Sets a deadline not less than 15 days after personal delivery, or 18 days after mailing.
Delivery is personal or by first-class mail to the last known address. If the notice is mailed to the former tenant, one copy also goes to the vacated premises. The landlord may also email the notice if the tenant provided an email address. The statutory forms are in § 1984 (to the former tenant) and § 1985 (to other owners). Both include a date not less than 2 days after the tenant vacated, to keep storage costs down.
Step 2: The $700 statement (§ 1984(b)). The notice to the former tenant must say either that the property will be sold at public sale, using the statutory text, or this: "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 above."
Step 3: Store it safely (§ 1986). The property may be left on the premises or stored in a safe place. The landlord must use reasonable care and is liable only for loss caused by deliberate or negligent acts.
Step 4: Release it if claimed (§§ 1987, 1990). The landlord releases the property to the tenant, or to a person reasonably believed to own it, who pays reasonable storage costs and takes it by the deadline. There is no storage charge if the property stayed in the dwelling and is reclaimed within two days of vacating. If it is stored on the premises, the storage cost is the fair rental value of the space.
Step 5: If unclaimed (§ 1988). Unclaimed property must be sold at public sale by competitive bidding, unless the landlord reasonably believes its total resale value is less than $700, in which case the landlord may keep it or dispose of it in any manner. For a public sale:
- Notice is published in a newspaper of general circulation in the county under Government Code § 6066, with the last publication at least 5 days before the sale and not before the claim deadline.
- Storage, advertising and sale costs are deducted, and the balance goes to the county treasury within 30 days.
- The owner may claim the balance from the county within one year.
Combining the two notices (§ 1991)
The § 1983 property notice may be given together with, or combined with, a § 1951.3 notice of belief of abandonment.
What not to do (§ 789.3)
Removing a tenant's property or furnishings without prior written consent, with intent to end the tenant's occupancy, is prohibited unless done under the §§ 1980 to 1991 procedure. Damages include actual damages plus up to $100 for each day of violation, at least $250 per cause of action, and reasonable attorney's fees to the prevailing party. See retaliation, harassment and lockouts.
Who it applies to
Section 1951.3 applies to real property other than commercial real property. Sections 1980 to 1991 apply to property left after a tenancy has ended and the tenant has moved out, but not to manufactured homes, mobilehomes, commercial coaches or certain animals.
What owners should do
- Before giving an abandonment notice, confirm rent is at least 14 consecutive days unpaid and write down why you believe the tenant has left.
- Use the statutory § 1951.3 form, and send it to every address where the tenant may reasonably receive it.
- Do not remove belongings until the tenancy has ended and the tenant has vacated. Then use the § 1983 notice and the § 1984 or § 1985 form, mailing an extra copy to the vacated unit.
- Photograph and list the items, describe closed containers as closed, and store them with reasonable care.
- Make an honest, reasonable estimate of total resale value before deciding between the under-$700 statement and a public sale.
- Keep the security deposit timeline separate: an itemized statement and any balance are due within 21 calendar days after the tenant vacates (Civil Code § 1950.5; see security deposits).
- Civil Code § 1954 allows entry after abandonment or surrender, and no entry notice is required after abandonment (see landlord entry).
What tenants should know
- If you receive a notice of belief of abandonment and you have not left, give the landlord written notice that you do not intend to abandon, with an address for certified-mail service, before the date in the notice.
- Paying rent between 14 days before the notice and the termination date is a defense.
- If belongings are left behind, you have at least 15 days after personal delivery of the notice, or 18 days after mailing, to claim them. Items reclaimed within two days of moving out, while still in the unit, carry no storage charge.
- Every § 1946.1 notice ending a month-to-month tenancy must include the statutory abandoned-property paragraph.
Step-by-step guides
For the practical side of this rule, see these guides in the California Rental Handbook:
- The Move-Out Process in California, Step by Step
- Breaking a Lease in California: Early Termination Clauses and Mitigation
Local rules
Some California cities add tenant protections on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
Frequently asked questions
When is a California rental considered abandoned?
Under § 1951.3, a landlord may treat a lease as ended for abandonment only after rent has been unpaid for at least 14 consecutive days, the landlord reasonably believes the tenant has left, and a notice of belief of abandonment has been served with a termination date at least 15 days after personal service or 18 days after mailing. The tenant can stop it with a written counter-notice before that date.
How long must a landlord keep a tenant's belongings?
Under the optional § 1983 procedure, the claim deadline in the notice must be at least 15 days after personal delivery or 18 days after mailing. The landlord stores the property with reasonable care until then.
What is the $700 rule for abandoned property in California?
If the landlord reasonably believes the total resale value of unclaimed property is less than $700, the landlord may keep it or dispose of it in any manner after the claim deadline. Otherwise the property must be sold at a public sale by competitive bidding. The notice to the former tenant must say which applies: either that the property will be sold at public sale, or the statutory statement that property believed to be worth less than $700 may be kept, sold or destroyed.
Can the landlord charge for storage?
Yes, reasonable storage costs, which the tenant pays to reclaim the property. There is no charge if the property stayed in the dwelling and is reclaimed within two days of vacating. Storage on the premises is charged at the fair rental value of the space.
Can a landlord throw out a tenant's things right after they move out?
Removing belongings outside the §§ 1980 to 1991 procedure, with intent to end occupancy, violates Civil Code § 789.3. After the tenancy has ended and the tenant has vacated, the statutory procedure is optional, but following it is what gives the landlord the § 1989 liability shield.
Is an abandonment notice the same as a three-day notice?
No. Section 1951.3(h) says it does not satisfy the three-day notice rules in CCP §§ 1161 to 1162. A pay-or-quit notice may be served separately.
Sources
- Civil Code § 1951.3 (opens in a new tab)
- Civil Code § 1981 (opens in a new tab)
- Civil Code § 1983 (opens in a new tab)
- Civil Code § 1984 (opens in a new tab)
- Civil Code § 1988 (opens in a new tab)
- Civil Code § 789.3 (opens in a new tab)
Verified October 19, 2026.
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