Tenancy: disposition of personal property abandoned in common areas.
What changed between versions
Entirely new Chapter 5.3 (Sections 1992-1992.10) added to the Civil Code, creating a procedure for disposing of personal property abandoned in common areas during an active tenancy. The original bill only made minor edits to existing definitions in Section 1980.
Section 1992.1 excludes commercial real property from the chapter's application but includes self-storage units to the extent they do not conflict with existing self-storage law.
New definition of 'common area' covering lobbies, hallways, elevators, stairwells, laundry rooms, parking areas, gardens, and yard areas. A new definition of 'premises' in this chapter excludes common areas (unlike Section 1980 which includes them).
Section 1992.2 carves out several exclusions: property governed by other statutes (Sections 1862.5, 2080.8, Article 2 of Chapter 4), utility-owned property, manufactured homes/mobilehomes/commercial coaches and their contents, and animals covered by specific food and agricultural code provisions.
Section 1992.4 requires landlords to give written notice (personally delivered or first-class mail, with optional email) describing the property, where it can be claimed, and a deadline of at least 15 days after personal delivery or 18 days after mailing. Records found in common areas are presumed to belong to the tenant.
Section 1992.6 requires the landlord to either leave property in the common area or store it in a place of safekeeping, exercising reasonable care but not liable for loss not caused by deliberate or negligent acts.
Section 1992.7 requires landlords to release claimed property without any storage charge if the tenant or owner takes possession by the deadline. Section 1992.10 prohibits charging storage costs if property is claimed within 15 days of receiving notice or 18 days after mailing.
Section 1992.10 sets rules for storage cost assessment: tenants pay for all property in common areas, non-tenant owners pay only for their own property, no double-charging is allowed, and if stored in a common area the cost is the fair rental value of the space used.
Section 1992.8 allows landlords to dispose of unclaimed property in any manner, retain it for their own use, or continue storing it and charge storage costs as a condition of release. Section 1992.9 provides liability protections for landlords who follow the procedure.
The Section 1980 amendment was reduced to nonsubstantive changes: removing a redundant parenthetical '(investigation)' and changing 'his or her' to 'their' in the landlord definition.