| WHAT
HAPPENS IF THE TENANT ABANDONS THE RENTAL UNIT?
Section 1951.3 provides:
(a) Real property
shall be deemed abandoned by the lessee, within
the meaning of Section 1951.2, and the lease
shall terminate if the lessor gives written
notice of his belief of abandonment as provided
in this section and the lessee fails to give
the lessor written notice, prior to the date
of termination specified in the lessor’s
notice, stating that he does not intend to abandon
the real property and stating an address at
which the lessee may be served by certified
mail in any action for unlawful detainer of
the real property.
(b) The lessor may give a notice of belief of
abandonment to the lessee pursuant to this section
only where the rent on the property has been
due and unpaid for at least 14 consecutive days
and the lessor reasonably
believes that the lessee has abandoned the property.
The date of termination of the lease shall be
specified in the lessor’s notice and shall
be not less than 15 days after the notice is
served personally or, if mailed, not less than
18 days after the notice is deposited in the
mail.
(c) The lessor’s notice of belief of abandonment
shall be personally delivered to the lessee
or sent by firstclass mail, postage prepaid,
to the lessee at his last known address and,
if there is reason to believe that the notice
sent to that address will not be received by
the lessee, also to such other address, if any,
known to the lessor where the lessee may reasonably
be expected to receive the notice.
(d) Editor’s Note: section (d) of this
code discusses the form and language of the
Notice of Belief of Abandonment. The Association
has forms available for this procedure.
Keep in mind that this article is meant to cover
general legal principals of landlord/tenant
law and is not meant questions should be directed
to your attorney.
FAQ
CALIFORNIA CIVIL CODE
Editor’s Note:
This question and answer section was prepared
in response to frequently asked questions by
members and students in our various educational
programs. All language is taken directly from
the California Civil Code. The outline format
differs from formal English grammar outline
because the Code mirrors annual changes in the
law with numerous additions and deletions written
by various state senators and assemblymembers.
Additional legal resources are listed at the
end of this
special section.
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