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  1. #1

    Default What Does it Mean to Have Vacated a Rental Property

    My question involves landlord-tenant law in the State of: California

    My tenant gave me 30 day notice to vacate his room. His last official day would be June 1st. On June 2nd, he had moved out the majority of his personal property. There was still a pack of cigarettes on the table so I went to look at the room. He still had posters on the wall, personal property in: the room, the bathroom, the fridge, the pantry, and the garage. He had not cleaned the common bathroom and the room. He also still has the front door keys. I told him that I was charging him a cleaning fee for the bathroom as he was the only one who used it in the last 8 months and it was unfit to show. I texted him today stating that I still consider him a tenant until the other things are remedied and that I would be charging him prorated rent for each day until that time. He stated that this is not legal? He also stated that I could hold his property in my garage as collateral for the money he owes me. I don't want it in my garage. Can I charge him a storage fee?

  2. #2
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    Default Re: What Does it Mean to Have Vacated a Rental Propeerty

    There is no statutory definition of "vacate" that would modify the standard definition, that a rental unit is vacated when the tenant moves out and relinquishes possession to the landlord. Your former tenant has given you explicit written notice of the end of his tenancy, and has also explicitly told you that he has vacated the premises with no intention of returning to resume occupation. You should thus not expect a court to buy into your position that his leaving certain items of property behind, or because he didn't clean a bathroom, translates into a continuing tenancy.
    Quote Quoting California Civil Code, Sec. 1983.
    (a) Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. If the property consists of records, the tenant shall be presumed to be the owner of the records for the purposes of this chapter.

    (b) The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1989 does not protect the landlord from any liability arising from the disposition of property not described in the notice except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail.

    (c) The notice shall be personally delivered to the person to be notified or sent by first-class mail, postage prepaid, to the person to be notified at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also to any other address known to the landlord where the person may reasonably be expected to receive the notice. If the notice is sent by mail to the former tenant, one copy shall be sent to the premises vacated by the tenant. If the former tenant provided the landlord with the tenant’s email address, the landlord may also send the notice by email.
    There's a statutory form you can use to satisfy that requirement. See Civil Code Sec. 1984.

    See also Sec. 1965 of the Civil Code, detailing a landlord's duty to surrender personal property to a former tenant.

    Ideally you will have a lease agreement with your tenants that addresses such issues as the non-return of keys, and charges for your having to re-key the locks.

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