Section § 1993

Explanation

This section is about rules for commercial property. It defines key terms: 'commercial real property' excludes self-storage units; a 'landlord' is someone who rents out property; an 'owner' is anyone else with rights in the property; 'premises' cover the whole property including common areas; 'reasonable belief' is what you'd think without doing too much digging unless there's reason to investigate; 'records' are how information is kept, like written or digital, but not public listings; and a 'tenant' is someone renting the commercial space.

This chapter shall only apply to commercial real property. As used in this chapter:
(a)CA Civil Law Code § 1993(a) “Commercial real property” has the meaning specified in subdivision (d) of Section 1954.26. For purposes of this chapter, commercial real property shall not include self-storage units.
(b)CA Civil Law Code § 1993(b) “Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest.
(c)CA Civil Law Code § 1993(c) “Owner” means any person other than the landlord who has any right, title, or interest in property.
(d)CA Civil Law Code § 1993(d) “Premises” includes any common areas associated therewith.
(e)CA Civil Law Code § 1993(e) “Reasonable belief” means the actual knowledge or belief a prudent person would have without making an investigation, including any investigation of public records, except that, if the landlord has specific information indicating that an investigation would more probably than not reveal pertinent information and the cost of an investigation would be reasonable in relation to the probable value of the property involved, “reasonable belief” includes the actual knowledge or belief a prudent person would have if an investigation were made.
(f)CA Civil Law Code § 1993(f) “Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number.
(g)CA Civil Law Code § 1993(g) “Tenant” includes any lessee or sublessee of any commercial real property and its premises for hire.

Section § 1993.01

Explanation

This law clarifies that even though there's an exception outlined in another section, the rules listed in three other sections still need to be followed for certain properties covered by this chapter.

Notwithstanding Section 1980.5, the requirements of Sections 1982, 1987, and 1990 shall apply to property that is subject to this chapter.

Section § 1993.02

Explanation

This law provides an optional way for landlords to handle leftover property when a tenant leaves a commercial rental space but does not cover all situations. It does not apply to certain types of properties like utility-related property, manufactured homes, mobilehomes, commercial coaches, or animals. The law also doesn't apply to residential properties or self-storage units. If the rules in this law aren't followed, it doesn't change anyone's rights or responsibilities.

(a)CA Civil Law Code § 1993.02(a) This chapter provides an optional procedure for the disposition of property that remains on the premises after a tenancy of commercial real property has terminated and the premises have been vacated by the tenant.
(b)CA Civil Law Code § 1993.02(b) This chapter does not apply if Section 1862.5, 2080.8, or 2080.9, or Article 2 (commencing with Section 2081) of Chapter 4 of Title 6, apply. This chapter does not apply to property that exists for the purpose of providing utility services and is owned by a public utility, whether or not that property is actually in operation to provide those utility services.
(c)CA Civil Law Code § 1993.02(c) This chapter does not apply to a manufactured home, as defined in Section 18007 of the Health and Safety Code, a mobilehome, as defined in Section 18008 of the Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code, including any attachments or contents, whether or not the manufactured home, mobilehome, or commercial coach is subject to registration under the Health and Safety Code.
(d)CA Civil Law Code § 1993.02(d) This chapter does not apply to the disposition of animals subject to Chapter 7 (commencing with Section 17001) of Part 1 of Division 9 of the Food and Agricultural Code.
(e)CA Civil Law Code § 1993.02(e) This chapter does not apply to residential property or self-storage units.
(f)CA Civil Law Code § 1993.02(f) If the requirements of this chapter are not satisfied, nothing in this chapter affects the rights and liabilities of the landlord, former tenant, or any other person.

Section § 1993.03

Explanation

If a tenant leaves belongings in a rental property after moving out, the landlord must send a written notice to the tenant and anyone else who might own the items. The notice should clearly describe the items and state that the tenant might have to pay storage costs before retrieving them. It should also explain how to claim the items and give the owner at least 15 days (or 18 days if notice is mailed) to act. The notice should be sent to the tenant's last known address and any other address where the tenant might receive it. If sending by mail, an extra copy should be mailed to the vacated property address.

(a)CA Civil Law Code § 1993.03(a) If 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)CA Civil Law Code § 1993.03(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 1993.08 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, safe, vault, or other container that is locked, fastened, or tied in a manner that 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)CA Civil Law Code § 1993.03(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.

Section § 1993.04

Explanation

This section explains the process for notifying a former tenant about unclaimed personal property they left behind after vacating a rental property. A landlord must give a notice called 'Notice of Right to Reclaim Abandoned Property,' providing the tenant details about the property and instructions on how to claim it. The tenant has a set time to reclaim their belongings by paying storage costs. The notice also includes what happens if the tenant does not claim the property: it can be sold at a public sale, or if it's worth less than $2,500 or a month's rent, it could be kept, sold, or destroyed without further notice.

(a)CA Civil Law Code § 1993.04(a) A notice given to the former tenant that is in substantially the following form satisfies the requirements of Section 1993.03:
Notice of Right to Reclaim Abandoned Property
To: 
(Name of former tenant)
 
(Address of former tenant)
When you vacated the premises at
 ,
(Address of premises, including room, if any)
the following personal property remained:
(Insert description of the personal property)
You may claim this property at
 .
(Address where property may be claimed)
Unless you pay the reasonable cost of storage for all of the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Section 1993.07 of the Civil Code.
(Insert here the statement required by subdivision (b) of this section)
Dated:
(Signature of landlord)
(Type or print name of landlord)
(Telephone number of landlord)
(Address of landlord)
(b)CA Civil Law Code § 1993.04(b) The notice set forth in subdivision (a) shall also contain one of the following statements:
(1)CA Civil Law Code § 1993.04(b)(1) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the cost of storage, advertising, and sale is deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.”
(2)CA Civil Law Code § 1993.04(b)(2) “Because you were a commercial tenant and this property is believed to be worth less than either two thousand five hundred dollars ($2,500) or an amount equal to one month’s rent for the premises you occupied, whichever is greater, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”

Section § 1993.05

Explanation

This section explains the proper way for a landlord to notify someone they believe owns personal property left behind by a former tenant. The landlord must send a specific type of notice, called a 'Notice of Right to Reclaim Abandoned Property,' to this person. This notice tells the owner they have a set amount of time to reclaim their property by paying any storage fees and picking it up, or it might be disposed of. The notice includes details like the property left behind, where it can be collected, and the deadline to act.

A notice in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the owner of personal property satisfies the requirements of Section 1993.03:
Notice of Right to Reclaim Abandoned Property
To: 
(Name of owner)
 
(Address of owner)
When(Name of former tenant)vacated the premises at
 ,
(Address of premises, including room, if any)
the following personal property remained:
(Insert description of the personal property)
You may claim this property at
 .
(Address where property may be claimed)
Unless you pay the reasonable cost of storage for all of the above-described property, and take possession of the property that you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Section 1993.07 of the Civil Code.
(Insert here the statement required by subdivision (b) of this section)
Dated:
(Signature of landlord)
(Type or print name of landlord)
(Telephone number of landlord)
(Address of landlord)

Section § 1993.06

Explanation

If a tenant leaves personal items behind when moving out, the landlord must either keep them at the property or store them safely elsewhere. The landlord can return or get rid of the items following certain rules. While storing the items, the landlord must take reasonable care but isn't responsible for loss unless it happens because of their own intentional or careless actions.

The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of safekeeping until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1993.07. The landlord shall exercise reasonable care in storing the property, but he or she is not liable to the tenant or any other owner for any loss not caused by his or her deliberate or negligent act.

Section § 1993.07

Explanation

If a landlord finds themselves with a tenant's property left behind, and the total resale value of that property is more than $2,500 or one month's rent—whichever is greater—they must sell it through a public auction. However, if the value is less, they can keep it or dispose of it. The auction must be publicly announced at least five days beforehand in a local newspaper, and the items for sale should be adequately described in the notice to allow for identification. Any money made from the sale, after covering costs, should go to the county treasury if not claimed by the former tenant within 30 days. The tenant can still claim these proceeds within a year. Landlords and tenants can bid on the property in the auction too.

(a)Copy CA Civil Law Code § 1993.07(a)
(1)Copy CA Civil Law Code § 1993.07(a)(1) The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding except that, if the landlord reasonably believes that the total resale value of the property is less than the threshold amount, the landlord may retain the property for his or her own use or dispose of it in any manner.
(2)CA Civil Law Code § 1993.07(a)(2) For the purposes of this section, “threshold amount” means either two thousand five hundred dollars ($2,500) or an amount equal to one month’s rent for the premises occupied by the tenant, whichever is greater.
(b)Copy CA Civil Law Code § 1993.07(b)
(1)Copy CA Civil Law Code § 1993.07(b)(1) Notice of the time and place of the public sale shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the county where the sale is to be held.
(2)CA Civil Law Code § 1993.07(b)(2) The last publication shall be not less than five days before the sale is to be held.
(3)CA Civil Law Code § 1993.07(b)(3) The notice of the sale shall not be published before the last of the dates specified for taking possession of the property in any notice given pursuant to Section 1993.03.
(4)CA Civil Law Code § 1993.07(b)(4) The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it.
(5)CA Civil Law Code § 1993.07(b)(5) The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1993.08 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, safe, vault, or other container that is locked, fastened, or tied in a manner that deters immediate access to its contents may be described as such without describing its contents.
(c)Copy CA Civil Law Code § 1993.07(c)
(1)Copy CA Civil Law Code § 1993.07(c)(1) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale that is not claimed by the former tenant or an owner other than the tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale.
(2)CA Civil Law Code § 1993.07(c)(2) The former tenant or other owner may claim the balance within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county.
(3)CA Civil Law Code § 1993.07(c)(3) If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof shall be liable to any other claimant as to the amount paid.
(d)CA Civil Law Code § 1993.07(d) Nothing in this section precludes a landlord or tenant from bidding on the property at the public sale.

Section § 1993.08

Explanation

If a landlord releases or disposes of a former tenant's property that's left behind after the tenancy ends, they aren't responsible for the property to anyone else. If the landlord gives the property to someone they think is the owner, they won’t be liable, unless they should have known someone else had an interest in it and could have found that person's address with reasonable effort.

The landlord also isn't liable when disposing of property under certain circumstances, unless it's proven they should have been aware someone else had a right to it and knew or should have known how to contact that person.

(a)CA Civil Law Code § 1993.08(a) Notwithstanding subdivision (c) of Section 1993.02, if the landlord releases to the former tenant property that remains on the premises after a tenancy is terminated, the landlord shall not be liable with respect to that property to any person.
(b)CA Civil Law Code § 1993.08(b) If the landlord releases property pursuant to Section 1987 to a person, other than the former tenant, who is reasonably believed by the landlord to be the owner of the property, the landlord shall not be liable with respect to that property to any of the following persons:
(1)CA Civil Law Code § 1993.08(b)(1) A person to whom notice was given pursuant to Section 1993.03.
(2)CA Civil Law Code § 1993.08(b)(2) A person to whom notice was not given pursuant to Section 1993.03, unless the person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person.
(c)CA Civil Law Code § 1993.08(c) If property is disposed of pursuant to Section 1993.07, the landlord shall not be liable with respect to that property to any of the following persons:
(1)CA Civil Law Code § 1993.08(c)(1) A person to whom notice was given pursuant to Section 1993.03.
(2)CA Civil Law Code § 1993.08(c)(2) A person to whom notice was not given pursuant to Section 1993.03, unless the person proves that, prior to disposing of the property pursuant to Section 1993.07, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person.

Section § 1993.09

Explanation

This law allows a landlord to send a tenant notice that they believe the tenant has abandoned a rental property. This notice can be sent alongside another notice informing the former tenant about their personal property left behind. Even if the rental contract isn't yet officially ended, these notices can be combined into one, as long as it includes all the necessary information required by each notice type.

If a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to Section 1993.03 may be given at the same time as the notice of belief of abandonment, even though the tenancy is not terminated until the end of the period specified in the notice of belief of abandonment. The notices may be combined in one notice that contains all the information required by the sections under which the notices are given.