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I recently looked at renting a room in a house in CA. The former tenant left their furniture. And since I don't have any furniture, the landlord offered to sell it to me.
The landlord tried to contact the former tenant by certified mail to pick up their things and pay back rent that was owed. But their certified letter was not claimed. Six months have lapsed since then.
The landlord doesn't have the time, money, or ability to move this into storage and then go through the auction process. And I would actually be doing them a favor by buying this stuff.
My question is: Can this landlord legally sell this furniture to me as an alternative to a public auction?
If the LL reasonably believes the property is worth a total of less than $300 he can sell it to you. If he reasonably believes it is worth more than $300 he has to auction it.
Scroll down to "What is the Landlord's Responsibility."
If he thinks it's worth more than $300 and he doesn't want to deal with an auction, tell him he can store the furniture for free in your room while you use it :-)
That's an excellent idea! Since the landlord has provided ample time for the former tenant to reclaim their property (with no response to their certified letter) I believe they are within the law to this point.
If the LL sells anything to me, and the former tenant tries to reclaim it, doesn't the former tenant have to prove the property's value by providing receipts? And wouldn't they have to sue the LL to do this?
Also we have discovered that this past tenant has a criminal record and possible outstanding warrants. Wouldn't it be unwise for them to try to sue anyone?
I think the above law would cover you as far as the court deeming the property as abandoned. I only see a problem if the property was worth $300 plus. Then they could come back and want their money from the auction, or the property itself. So, as long as it is reasonable to say it's worth less than $300, I think you're good.
Oh, and yes, they'd have to sue. And then, of course, the LL would counter-sue for the unpaid rent, court costs, etc. So, I don't see that happening.
I posted before about getting a letter from a lawyer asking for damages for tenant property... my tenant passed away and the family moved out leaving behind a lot of stuff...
I have a enclosed 20' car trailer and loaded it all into the trailer and parked it at my home.
I called the lawyer that sent me the letter to thank him... I told him my attempts to reach the family were not successful and the good news is I have all the items they left behind and would have them delivered free anywhere in the city...
I think I heard the jaw drop on the other side of the phone...
Anyway, I delivered everything and right from the start they started to cherry pick... I said the deal was I needed to deliver everything and I did along with taking pictures... saved me from having a $5000 suit to defend.
Lawyer thought I had disposed of the items because he could find no record of a public sale.
As with most things... laws don't mean much unless you find yourself on the wrong side and someone is making an issue.
The LL doesn't want to move the stuff out and you see value in having it remain in the space. Why buy it? Just agree to rent the place and don't require the LL to move it out....
You really think it's a good idea to buy or borrow a criminal's furniture? What if he gets angry and/or violent towards you or your loved ones as a result?
This ex-tenant may come back for the furniture and break-in while you're gone.
Keep your valuables locked-up (especially firearms). And get renter's insurance.
The house is alarmed and it would be unwise for the original owner to return. Besides if they come back wanting their furniture, I will gladly turn it over to them.
You really think it's a good idea to buy or borrow a criminal's furniture? What if he gets angry and/or violent towards you or your loved ones as a result?
That is unlikely seeing as the person doesn't know me. If they decide to return when no one is home, the house is alarmed. If they come back when I am home and want their furniture, I will gladly surrender it to them.
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