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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Abandoned personal property & vehicles. Posted by Ward-CA- on April 29, 2003 at 2:33 PM In Reply to: personal property posted by Rob on April 29, 2003 at 12:56 AM : Ward- : Here is the situation- I have just evicted a tenant (today) for non payment of rent. We went through all the required procedures and the sheriff cleared the unit for me. The tenant left everything he owns in the unit including a car in the parking spot, this is a condo with assigned parking spaces (in Los Angeles). I understand that I need to store his stuff 15 days before I do anything. I have changed the locks and am planning on storing the stuff in the unit. : My questions are: : A)have I missed any procedures? : B)if I do not hear from him in the 15 days, do I HAVE to sell the stuff, or can I keep some of it? There is a nice television for example. : C)Am I entitled to the car, since it is not IN the unit, but it is in the parking spot. If I am entitle to the car, how do I re-register the car in my name? How do I prove to the DMV that I am the rightful owner? : Thank you in advance for the help. : Rob =•=•=•=•=•=•=•=•=•=•= Rob, A). First of all Rob, don’t ever store anyone’s personal property in a unit that can be generating rent. Move it all off the premises so the owner doesn’t come skulking around trying to break in during the night to get something of his. Tell him in your 15 day notice that’s it’s being stored off premises. Before you move or touch any of his belongings take a photo of each room the way he left it, with all his belongings intact. After taking the photos then inventory the stuff. Then after that move it off the premises. B). The law requires that if he doesn’t come back within the 15 days (18 days if the notice was mailed) to retrieve his stuff, and the value of the stuff is worth at least $300, then an arm’s length public sale must be held. The sale has to be advertised by a publisher who is adjudicated qualified to advertise legal notices. You’re allowed to subtract from the sale proceeds the cost of selling, storage and moving. Any surplus has to be turned over to the County if the owner doesn’t claim it from you in a reasonable time period. C). Vehicles are handled differently. You can impound and lien a car for storage charges, but the DMV here in CA has to be involved as far as it’s title is concerned. Hire a service to lay claim to the car and do all the paperwork involved. Find the right service by asking at your neighborhood garage for a name or two for people who do impound paperwork for mechanics who lay claim to a car for work that was done but not paid for. Again, the requirements are that an advertised auction be held and the vehicle be sold to the highest bidder. Hope this helps Follow Ups: Re: Abandoned personal property & vehicles. SeanW 3:13 PM, 04/29/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward- : : Here is the situation- I have just evicted a tenant (today) for non payment of rent. We went through all the required procedures and the sheriff cleared the unit for me. The tenant left everything he owns in the unit including a car in the parking spot, this is a condo with assigned parking spaces (in Los Angeles). I understand that I need to store his stuff 15 days before I do anything. I have changed the locks and am planning on storing the stuff in the unit. : : My questions are: : : A)have I missed any procedures? : : B)if I do not hear from him in the 15 days, do I HAVE to sell the stuff, or can I keep some of it? There is a nice television for example. : : C)Am I entitled to the car, since it is not IN the unit, but it is in the parking spot. If I am entitle to the car, how do I re-register the car in my name? How do I prove to the DMV that I am the rightful owner? : : Thank you in advance for the help. : : Rob : =•=•=•=•=•=•=•=•=•=•= : Rob, : A). First of all Rob, don’t ever store anyone’s personal property in a unit that can be generating rent. Move it all off the premises so the owner doesn’t come skulking around trying to break in during the night to get something of his. Tell him in your 15 day notice that’s it’s being stored off premises. : Before you move or touch any of his belongings take a photo of each room the way he left it, with all his belongings intact. After taking the photos then inventory the stuff. Then after that move it off the premises. : B). The law requires that if he doesn’t come back within the 15 days (18 days if the notice was mailed) to retrieve his stuff, and the value of the stuff is worth at least $300, then an arm’s length public sale must be held. The sale has to be advertised by a publisher who is adjudicated qualified to advertise legal notices. : You’re allowed to subtract from the sale proceeds the cost of selling, storage and moving. Any surplus has to be turned over to the County if the owner doesn’t claim it from you in a reasonable time period. : C). Vehicles are handled differently. You can impound and lien a car for storage charges, but the DMV here in CA has to be involved as far as it’s title is concerned. Hire a service to lay claim to the car and do all the paperwork involved. Find the right service by asking at your neighborhood garage for a name or two for people who do impound paperwork for mechanics who lay claim to a car for work that was done but not paid for. : Again, the requirements are that an advertised auction be held and the vehicle be sold to the highest bidder. : 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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