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What Are a Tenant's Rights to Property Left Behind at the End of a Tenancy

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  • 03-25-2016, 10:10 PM
    douglasssmith
    What Are a Tenant's Rights to Property Left Behind at the End of a Tenancy
    State of California, County of Los Angeles, City of Inglewood

    I have a money judgment and a judgment for possession for a particularly troublesome commercial tenant whose business failed. He knows the law and has taken every opportunity to prolong his eviction. He has not removed any of his belongings (which I guess value $2000 to $5000) from the unit. I assume that he expects me to follow proper procedure by giving the required notices, storing his stuff, selling it at auction and sending the proceeds to him. If so, then he is forcing me to sell his stuff because he doesn't feel like moving it and doing it himself. First question: If that is his plan, I assume there is no way around it. I have to be his lackey. What if I hire movers to take his stuff to a storage unit and he shows up after the truck is loaded and says, "Take my stuff to thus and so address?" but doesn't pay me or the movers for doing so?

    Since I have a money judgment that is worth more the proceeds of the sale of his belongings, am I still required to go through all those "abandoned property" notices and procedures including auction? If the answer is yes, at the end of the auction do I get to keep the money or does it belong to him?

    Finally, he has also left an intact, but I assume non-running van in the parking lot. Is that handled the same way as other abandoned property, or are there special rules for vehicles?
  • 03-25-2016, 11:11 PM
    adjusterjack
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Here's the law. Read it. Follow it to the letter. Period.

    http://www.leginfo.ca.gov/cgi-bin/di...file=1980-1991

    After proper notice, you would be wise to have the auction from within your premises so you don't incur the additional costs of moving and storing the items. That gets it over with faster.

    The proceeds from the sale get applied to the debt and your expenses for holding the auction. If anything is left after that, it goes to the former tenant.

    Again, read the statute and follow it to the letter. That's the only way you protect yourself.
  • 03-26-2016, 06:46 AM
    Mr. Knowitall
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Quote:

    Quoting adjusterjack
    View Post
    Here's the law. Read it. Follow it to the letter. Period.

    For commercial tenancies, start with Civil Code Sec. 1993 et seq.
  • 03-26-2016, 11:01 PM
    douglasssmith
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Quote:

    Quoting adjusterjack
    View Post
    The proceeds from the sale get applied to the debt and....

    Does "the debt" refer to my money judgment?
  • 03-27-2016, 08:27 AM
    jk
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    You have multiple matters here

    1. A judgment for money
    2. A judgment for possession of your building
    3. Abandoned property of a former tenent.

    Do not confuse them. There are actions allowed for each matter. Your latest question mixes them all into one pile. You don't get to do that.

    Since you now have possession of the premises #3 is settled. You do not get to keep money that may be due the former tenant you end up with in hand from dealing with the abandoned property to pay the money judgment unless you follow the law regarding collecting on a judgment and something there would allow you to retain the money. They are two seperate issues and actions involving either must comply with the laws for each specific issue.

    In other words; should you sell the abandoned property based on abandoned property laws you do not get to automaticslly keep the proceeds above the costs of the sale and apply that to the debt. Only if the laws regarding the judgment allow you to seize the remaining funds could you keep the money.
    Keeping the excess proceeds without legal authority would be nothing different than mugging the guy and taking his money out of his wallet. Without approval of the law to take it in the manner you have, you don't get to keep it.

    I cannot edit my post to correct an error.

    I stated #3 was settled. I meant #2 was settled.
  • 03-27-2016, 01:30 PM
    douglasssmith
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Got it and that makes sense. So my question more clearly stated is, "Now that I have a money judgment and a judgment for possession, and soon expect to have abandoned property, are there procedures related to (1) disposing of the abandoned property, and (2) collecting the money judgment, which, if both followed properly and appropriately, would allow me to seize the proceeds of the auction sale over and above the costs of the sale to the extent of the money judgment? Procedures related to the first have been discussed in general in this message along with a reference to the actual statues, so I'm clear on those procedures. But with regard to the second, I'm still not clear on whether, in this circumstance, the law provides a pathway to seizure of the appropriate funds from the auction over and above costs should it be done in the proper manner, or if there is simply no such procedure.
  • 03-27-2016, 01:44 PM
    jk
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Offhand I can't think of a way to seize the funds that might be realized from the sale of the abandoned property. It usually requires a writ of garnishment or seizure referring to a specific asset to allow you to seize an asset.
  • 03-27-2016, 02:43 PM
    douglasssmith
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    Got it. Perfectly clear. Thanks.

    Last question: There is an old van belonging to the tenant in the parking lot which has been in the same place unmoved for over a year. It is intact, but I assume non-running. If the tenant leaves it as well, is it handled the same way as other abandoned property, or are there special rules for vehicles?
  • 03-27-2016, 03:07 PM
    jk
    Re: Do Money and Possession Judgments Change Handling Abandoned Property Procedures
    I'm not certain and I couldn't find a clear directive (quickly) regarding abandoned vehicles but I think you report it to the police who will have it impounded and deal with the rest.
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