California Property Abandonment Laws Explained

When Is Property Considered Abandoned in California?

The California Civil Code Section 1951.2 provides an objective test for what constitutes abandonment. If a tenant, without justification, surrenders possession of the premises and thereafter, continues to fail to pay rent for a period of thirty (30) days after the surrender and the landlord, or the landlord’s agent, has not received notice from the tenant as to the location of the tenant’s new residence, the rental property shall be deemed abandoned .
The court is not concerned in this statute with the landlord’s motive for entering into a stipulated judgment on any three-day notice to pay rent or quit, but only whether the parties intended that the tenant knowingly and voluntarily vacate the unit and thereafter fail to pay rent. [See, Los Angeles Preservation Association v. Superior Court (1985) 172 Cal.App.3d 608, 613.]

The Process of Declaring a Property Abandoned

The legal process for declaring a property abandoned in California typically follows this sequence of steps:

• **Investigate**: Determine the owner’s absence. Comply with Civil Code Section 1951.4 by investigating the owner’s absence, generally within 14 days after a rent or mortgage payment is not received. For rental properties, obtain written verification from neighbors and relatives, cross-check against lease agreements, and verify if the property is being lived in or has been rented to a squatter.
• **Send a Notice of Belated Payment (Residential properties only)**: If you own residential rental property and you have visited the property on or about the 18th day of each month without learning the whereabouts of the tenant and without receiving any rent payment, deliver a written notice to the tenant at the address of the unit. Ensure that the notice states: "Your payment for the month of ___________ has not been received. If you do not deliver your rent payment or share with us your current address within five (5) days of service of this notice, we will have the right to assume that you have vacated the premises pursuant to California Civil Code Section 1951.4."
• **Publish notice of sale**: Engage a legal advertising service to publish a notice of sale at least once each week for four consecutive weeks. Details will vary according to the type of property, but will generally include the following information: (1) Notice is being given that the property will be sold at public auction; (2) date of sale; (3) time of sale; (4) location of sale; (5) description of the property; and (6) any other pertinent information. Proof of publication will be provided.
• **Record foreclosure documents (for Trustee Sales)**: Record the Trustee’s Deed Upon Sale. In the case of a property that was sold at a public trustee’s sale, the trustee must execute a trustee’s deed upon sale to the purchaser of the property at the trustee’s sale.

These steps are a basic outline of the legal procedure required to legally declare a property abandoned in California. Specific requirements may vary based on the type of property, and it is always recommended that you seek qualified legal counsel to ensure you are complying with the law and protecting your interests.

Rights and Responsibilities of the Owner

The rights and obligations of property owners in California can be complex when it comes to abandoned property and potential adverse possession claims. Landowners have a legitimate interest in the land and property they possess, whether they know of its existence or not. Property owners have an obligation to properly maintain a good portion of their property to prevent its illegal use by others. Wasting property, however, is a crime under the penal code, and failing to care for some property can rise to be such waste. This means that the owner should care for all of the property.
The methods available to the owner to protect their property can be diverse depending on the circumstances, but owners have the right under California law to protect their land from encroachment, adverse possession, and neglect. If an outsider encroaches on, takes possession of, or uses an area of your property that you do not use, you may be able to force them off quickly with a letter from your attorney. If someone is using a section of your land that you do use, they cannot prevent your use. In such cases, a simple letter from your attorney will also suffice. The owner may also be able to quickly have the matter adjudicated in any official way possible to regain the property or prevent its illegal use.
An owner may also be able to determine if someone has taken possession of your property and use it in any way. You could take action against them if they take possession or use your property without your permission. The property would likely not have to be abandoned, wasted, or wasted away to succeed on such a claim. If the property is being rented from the owner, the owner has the right to terminate the lease and evict the tenant if the tenant’s possession was not legal.
Certain portions of movable property may be abandoned as well, other than the personal belongings of the owner. A vehicle, equipment, or other mobile property may be considered abandoned. In those circumstances, the property owner is not responsible for caring for the property. The owner would have to "abandon" it. That is, you can (1) stop using the property, (2) not pay rent, and (3) leave the property in a place where a tenant or occupant can take the property.
There are a few exceptions to the property owners’ rights to protect property from adverse possession claims. The most significant exceptions involve mineral rights and landlocked land. Mineral rights allow an owner to continue to own the minerals on their land even if someone extracts them from the land. For landlocked land, there are a few restrictions that favor the law over property ownership that allow access to the land.
Although property ownership connotes a significant right of ownership and use, it also brings with it certain responsibilities. Property is the sole responsibility of the owner. They have an obligation to care for the property in any way necessary. This includes maintenance of the property, structures on the land, recurring costs related to the property (taxes, maintenance, etc.), and repurposing the property. The owner has an obligation to care for the property and allow its use. Abandoning the property can leave it up to someone else to occupy the land and ultimately acquire it at your expense.

Effects of Abandonment on Tenants and Occupants

Implications of Abandonment for Persons Residing on Property
If a landlord has abandoned the property, current occupants are going to have problems and likely questions as to what to do. Who is the new landlord? Who is responsible for maintenance? What if I don’t want to move? What if I have paid my lease and a new landlord demands rent? Can a new landlord make me move? What if I am a month-to-month tenant of a prior landlord?
The first step is to determine if the landlord is indeed gone. Sometimes landlords leave the property, but not for good. And sometimes they are just temporarily absent. In these cases they have usually failed to pay rent which has led to an eviction notice being posted on the property. They may or may not have removed all of their personal property from the premises. If, as a tenant or other person currently residing on the property, you see an eviction notice posted, you must act quickly to find out what is going on. Contact the landlord (if possible) to ascertain his or her intent with respect to the property or consult an attorney.
If it is simply a case of landlord who has left but has not abandoned property , a tenant may be able to crosscomplain in the unlawful detainer proceeding and obtain an order allowing him or her to remain in the property until the landlord gives proper notice of termination of the tenancy. If the landlord has given legal notice of his or her intent to end the tenancy and seek possession of the property based on nonpayment of rent, a tenant has only a short time to resolve the matter. If they are unable to work it out with the landlord, they should immediately vacate the property.
If a landlord abandons the property, a tenant or occupant may be able to take possession pursuant to a new leasing arrangement because the tenant’s lease has been forfeited. Even if the property consists of a house or other structure on the landlord’s land, the tenant or occupant may be able to take possession if the lease provides that possession inures to the lessee’s benefit upon abandonment.
As in all disputes between landlord and tenant, the lease should be carefully reviewed.

How to Recover Abandoned Property

Before a previous owner or new claimant can execute their rights to abandoned property, they must take certain steps in order to prove that they are the rightful owner of said abandoned property. All legal remedies and options discussed above require, at a minimum, that the new claimant or former owner show that they no longer had actual or constructive possession of the property for over five years. Under California Civil Code 2061, there are four (4) requirements that must be met in order to recover property with a value greater than $100.
The claimant must deposit with the court a declared inventory that describes the property in detail;
The claimant must state in the inventory the reason for the loss of the property and whether the claimant will pay all court costs incurred in connection with the action if the claimant loses;
The claimant must pay into court the value of the property based on the fair market price as of the time of the loss or $500, whichever is greater; and
Each person whose claim is shown in the inventory must be given notice of the action.
Again, these requirements must be met before the claimant files a lawsuit to reclaim the abandoned property. In order to proceed with the legal options and remedies for reclaiming the abandoned property, the outside claims period must also have expired.

How to Prevent Property Abandonment Problems

Prevention is the best way to stay out of the costly – and smelly – property abandonment business. Even before the first door is nailed shut, consider the following to ensure the least amount of damage is done to your property:

1. Properly Maintenance the Property

A property that becomes a mess or a risk to health and safety will be an easier target for vandals. Periodic checks of grass, trees, shrubs and weeds are not enough. Make sure no water leaks (or worse, is intentionally deposited) causing mold damage or rot. Make sure the interior is secure from curious visitors or creatures. Uninvited, but sustained visits will compound the issues.
2 . Law Office Consultation
A mid-risk strategy is to remain in contact with a local law firm to whom you may turn over the case should it become necessary or related litigation commence. This way, as issues arise, you are getting advice from a professional on the most appropriate and efficient ways of handling issues. Many landlords take this route.

3. Check in Frequently

For those who believe the risks of submitting to the BAO programs warrants reducing the risk of problems early on, ensure the property receives regular monitoring. Keep an eye on windows, doors, locks, vegetation and trash, as well as the neighborhood so that potential issues can be averted before they arise.
Though not foolproof, these strategies will reduce the likelihood of needing to learn about property abandonment law.