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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Post-sale moveouts, abandoned personal property, etc. Posted by Ward-CA- on March 21, 2002 at 2:53 PM In Reply to: Eviction Process posted by Kevin on March 20, 2002 at 2:05 PM : Ward, : After taking title at a Trustee Sale, I want to get the defaulting owner/tenant out of the property as soon as possible. Do you have a standard checklist of things to do, along with general timelines? In a previous posting, for CALIF.,you mentioned 3 days with "Notice to Vacate". Is three days based on the fact the tenant has had ample time to "move on"? : If you suspect the tenant may not go quietly, does your typical eviction process change? : What is the process if the tenant doesn't take all of their belongings? : Thanks very much, : Kevin =•=•=•=•=•=•=•=•=•=•= Kevin, my post-sale move-out checklist is anything but standard. It is an 8 step process I’ve created that I credit for my 100% success in never having any vandalism done by any vacating tenant or ex-owner (in over 300 foreclosure move-outs over the last 20 years). Even in those cases where I’ve had to resort to a forcible eviction involving the Sheriff, I haven’t suffered any vandalism or property damage by the departing parties! In CA the code requires that any holdover tenant gets a 30 day notice to vacate due to foreclosure whereas an ex-owner gets just a 3 day notice. I think the legislature’s justification for the propriety of just a 3 day notice for an ex-owner is based on the fact that an owner, unlike an innocent tenant, has known for months and months that there would have to be a day of reckoning if they persisted in not making their monthly mortgage payments. Where I differ from the state legislature’s thinking is that yes, though the defaulting owner knows that they can’t stay if they don’t pay, owners don’t know with any certainty when they’re going to lose title, and thus don’t have a clue as to when to make final, actual preparations to move out. Abandoned personal property left behind after a move-out is covered in CA by Civil Code Section 1980-1991. It requires that the landlord send to the chattel owner’s last known address a notice of right to reclaim their abandoned personal property within 18 days. If the former tenant or owner fails to respond in time then the landlord determines if the abandoned articles are worth $300 or more or less than that. If the stuff is worth less than $300 then the owner can dispose of the items any way she sees fit, including using the stuff for herself. If the stuff is worth $300 or more then the owner has to hold a formal sale of the items and give the surplus sale receipts that are above the cost of storage, moving and sale to the county. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : After taking title at a Trustee Sale, I want to get the defaulting owner/tenant out of the property as soon as possible. Do you have a standard checklist of things to do, along with general timelines? In a previous posting, for CALIF.,you mentioned 3 days with "Notice to Vacate". Is three days based on the fact the tenant has had ample time to "move on"? : : If you suspect the tenant may not go quietly, does your typical eviction process change? : : What is the process if the tenant doesn't take all of their belongings? : : Thanks very much, : : Kevin : =•=•=•=•=•=•=•=•=•=•= : Kevin, my post-sale move-out checklist is anything but standard. It is an 8 step process I’ve created that I credit for my 100% success in never having any vandalism done by any vacating tenant or ex-owner (in over 300 foreclosure move-outs over the last 20 years). : Even in those cases where I’ve had to resort to a forcible eviction involving the Sheriff, I haven’t suffered any vandalism or property damage by the departing parties! : In CA the code requires that any holdover tenant gets a 30 day notice to vacate due to foreclosure whereas an ex-owner gets just a 3 day notice. : I think the legislature’s justification for the propriety of just a 3 day notice for an ex-owner is based on the fact that an owner, unlike an innocent tenant, has known for months and months that there would have to be a day of reckoning if they persisted in not making their monthly mortgage payments. : Where I differ from the state legislature’s thinking is that yes, though the defaulting owner knows that they can’t stay if they don’t pay, owners don’t know with any certainty when they’re going to lose title, and thus don’t have a clue as to when to make final, actual preparations to move out. : Abandoned personal property left behind after a move-out is covered in CA by Civil Code Section 1980-1991. It requires that the landlord send to the chattel owner’s last known address a notice of right to reclaim their abandoned personal property within 18 days. If the former tenant or owner fails to respond in time then the landlord determines if the abandoned articles are worth $300 or more or less than that. If the stuff is worth less than $300 then the owner can dispose of the items any way she sees fit, including using the stuff for herself. If the stuff is worth $300 or more then the owner has to hold a formal sale of the items and give the surplus sale receipts that are above the cost of storage, moving and sale to the county. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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