Rocklin, CA asked in Landlord - Tenant and Civil Litigation for California

Q: I live in an apartment. I also rent a garage. I let my daughter live there for a year and then let her leave her stuff

in my garage. that was a year and a half ago. we are now asstranged and i gave her 60 days to move her stuff out. I don't think she is going to do it. she is threatening to take me to civil court if i dispose of it in any way. what are my legal rights to remove her stuff from my garage? what do I need to do?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when dealing with personal property left by another person on your property, there are specific legal steps you must follow. As you have already given your daughter a 60-day notice, it's important to ensure that this notice was given in writing and includes a statement that the property will be considered abandoned if not removed within the specified time frame.

If she fails to remove her belongings within the 60-day period, you can then consider the property abandoned. However, before disposing of or selling the items, you must send a final notice. This notice should inform her of your intent to dispose of or sell the items if she does not claim them within a certain period, typically 15 days after the notice is given.

It's essential to document all these steps carefully, including keeping copies of all notices sent and any responses received. This documentation will be crucial if the matter ends up in court. Also, consider consulting with a local attorney for specific advice and to ensure all legal requirements are met. This approach helps protect your rights while respecting the legal process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.