abandonment notice california
In California, an abandonment notice, officially called a "Notice of Belief of Abandonment," is
a formal legal document a landlord sends to a tenant they believe has permanently vacated a property without giving proper notice. The notice allows the landlord to legally reclaim the property and avoid a lengthy and costly eviction process, provided certain conditions are met.
Requirements for issuing a notice of belief of abandonment
Under California Civil Code § 1951.3, a landlord can serve this notice only if the following criteria are met:
Unpaid rent: The rent has been due and unpaid for at least 14 consecutive days.
Reasonable belief: The landlord must have a "reasonable belief" that the tenant has moved out permanently. This is a crucial requirement that must be supported by evidence, such as:
No one is seen at the property.
Utilities have been shut off.
The unit appears empty or mostly empty.
Neighbors report seeing the tenant move out.
The tenant is unresponsive to a landlord's communication attempts.
What the notice must include
The notice must be in writing and contain specific information:
The name of the tenant and the address of the rental property.
A statement that the landlord believes the tenant has abandoned the property.
A date for the termination of the lease. This date must be at least 15 days after the notice is personally served, or 18 days after it is mailed.
A statement explaining that the lease will terminate unless the landlord receives a written response from the tenant before the specified date.
The required response must state the tenant's intent not to abandon the property and provide an address for service of certified mail.
The signature of the landlord and their contact information.
How to serve the notice
Landlords must properly serve the notice to avoid potential liability for an illegal lockout. Valid service methods include:
Personal delivery to the tenant.
First-class mail to the tenant's last known address, and to any other address where the landlord has reason to believe the tenant may be reached.
After the notice period
If the tenant does not respond by the deadline, the landlord can legally take back possession of the property. However, California law also specifies strict procedures for handling any personal property the tenant left behind.
Disposing of a tenant's abandoned property
Document and store: The landlord must create a detailed inventory of any property left behind. Anything that is not clearly trash must be stored in a safe place.
Notify the tenant: The landlord must send a "Notice of Right to Reclaim Abandoned Property." This notice gives the tenant either 15 days (if personally served) or 18 days (if mailed) to reclaim their belongings.
Property valuation:
Under $700: If the property is valued at less than $700, the landlord can keep, sell, or dispose of the items after the notice period ends.
$700 or more: If the property is valued at $700 or more, the landlord must sell it at a public auction. After deducting costs for storage and the sale, any remaining funds must be sent to the county treasury.
Disclosure--None of this is legal advice talk to Paralegal/Attorney
(California Civil Code §1951.3)
To: ______________________________________ (Tenant’s Name)
At: ______________________________________ (Rental Address)
From: ______________________________________ (Landlord/Owner Name)
Address: ______________________________________
You are hereby notified that the landlord believes that you have abandoned the real property located at:
Rental Premises:
The landlord believes this abandonment occurred because (check all that apply):
☐ Rent has not been paid for a period of at least 14 consecutive days.
☐ The landlord has observed that you have removed substantially all your personal property from the premises.
☐ Other facts: _____________________________________________
If you do not contact the landlord in writing or in person within 15 days after this Notice was personally served, or within 18 days after this Notice was mailed, the landlord may retake possession of the premises and terminate your lease.
If you wish to claim the premises, you must pay all rent due and owing and notify the landlord before the period stated above expires.
Dated: _______________, 20
(Landlord/Owner Signature)
Name: __________________________________
PROOF OF SERVICE
I, the undersigned, declare that I served this Notice of Belief of Abandonment on the above-named tenant(s) by:
☐ Personal delivery on ______________________ (date).
☐ Mailing by first-class mail, postage prepaid, on ______________________ (date).
(Signature of Server)
✅ Key Notes for California landlords:
This form is based on Civil Code §1951.3.
You must wait 15 days (if personally delivered) or 18 days (if mailed) after serving this notice before taking back possession.
If the tenant responds and disputes abandonment, you cannot proceed without an eviction action.
If they don’t respond, you may re-enter and retake possession lawfully.