Landlord and tenant: personal property remaining on premises after termination of tenancy.

Existing law specifies conditions when a written notice of termination of a residential tenancy is required, and specifies when a landlord must provide a written notice to inspect residential property upon termination of a tenancy. This bill would also require that when these notices are given by the owner, lessor, or landlord, as applicable, that the notice contain an additional specified notice regarding a former tenant's ability to reclaim personal property left by the tenant vacating the real property. Existing law provides that 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 or any other person the landlord reasonably believes is the owner of the property, as specified. Existing law provides a sample notice that complies with this requirement, and which provides, in part, that the statement "Because this property is believed to be worth less than $300, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above" or an alternative statement be used in the notice. This bill would modify one of the statements in the notice to read, "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." The bill would also require the notice to provide that if the property is claimed within 2 days of the date the former tenant vacated the premises, that storage costs may be minimized. Existing law provides that if the property is not released to the former tenant, as specified, it shall be sold at public sale by competitive bidding. Existing law also provides that if the landlord reasonably believes that the total resale value of the property not released is less than $300, the landlord may retain the property for his or her own use or dispose of it in any manner. This bill instead would provide that the landlord may retain the property for his or her own use or dispose of it in any manner if the landlord reasonably believes that the total resale value of the property not released is less than $700. Existing law requires that 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. Existing law specifies the methods for delivery of the notice. This bill would additionally authorize the landlord to also send the notice by email if the former tenant provided the landlord with the tenant's email address. This bill would incorporate additional changes in Section 1946.1 of the Civil Code proposed by AB 2303, that would become operative only if AB 2303 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Section 1950.5 of the Civil Code proposed in AB 1679, that would become operative only if AB 1679 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.