When Tenant Abondons property

Important Corrections Before Using This Notice (Very Important)

1. Tenant does NOT have to pay rent to stop abandonment
   
   

   • Under California Civil Code §1951.3, the tenant only needs to respond in writing stating they do not intend to abandon and provide an address for certified mail.
     
     

   • Requiring rent payment in the notice is not required by law and can create legal risk.
     
     

2. “Reasonable belief” must exist
   
   

   • Unpaid rent alone is not enough.
     
     

   • You correctly listed supporting facts—keep those documented.
     
     

3. Property value threshold
   
   

   • $700 is correct under Civil Code §§1983–1988 (current standard).
     
     

4. This notice is not an eviction
   
   

   • If the tenant responds disputing abandonment, the landlord must stop and proceed with a normal unlawful detainer if needed.
     
     

REVISED & LEGALLY SAFER

NOTICE OF BELIEF OF ABANDONMENT

(California Civil Code §1951.3)

To: ______________________________________
(Tenant Name)

Rental Property Address:

From: ____________________________________
(Landlord/Owner Name)

Mailing Address:

Phone: ____________________ Email: ____________________

NOTICE

You are hereby notified that the undersigned landlord believes that you have abandoned the rental property located at the address listed above.

This belief is based on the following facts (check all that apply):

☐ Rent has been unpaid for at least 14 consecutive days
☐ Substantially all personal property appears to have been removed
☐ Utilities have been disconnected or shut off
☐ No occupancy activity observed
☐ Reports from neighbors or other sources
☐ Other facts: _____________________________________________

EFFECT OF THIS NOTICE

If you do not respond in writing to the landlord within:

• 15 days after personal service, OR
  
  

• 18 days after mailing of this notice
  
  

the landlord may retake possession of the premises and terminate the lease.

HOW TO PREVENT TERMINATION

To prevent termination of the tenancy, you must deliver a written response to the landlord before the deadline stated above that:

1. States your intent not to abandon the premises, and
   
   

2. Provides an address where you may receive certified mail.
   
   

Date: ______________________

Landlord/Owner Signature: ______________________________
Printed Name: _________________________________________

PROOF OF SERVICE

I declare under penalty of perjury that I served this Notice of Belief of Abandonment as follows:

☐ Personal delivery on ____________________
☐ First-class mail, postage prepaid, on ____________________

Server Name: __________________________
Signature: ____________________________

After the Notice Period (Reminder)

If no response is received:

• You may lawfully retake possession
  
  

• Do not discard belongings immediately
  
  

• Follow Civil Code §§1983–1988 for abandoned personal property:
  
  

  • Inventory & store
    
    

  • Send Notice of Right to Reclaim Abandoned Property
    
    

  • 15/18-day waiting period
    
    

  • Auction required if value ≥ $700
    
    

Disclaimer

This document is not legal advice. Landlords should consult a California real estate attorney or qualified paralegal before use.