BILL NUMBER: AB 2521	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield
   (Coauthor: Senator Price)

                        FEBRUARY 24, 2012

   An act to amend Sections 1984 and 1988 of the Civil Code, relating
to landlord and tenant.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2521, as introduced, Blumenfield. Landlord and tenant: personal
property remaining on premises after termination of tenancy.
   Existing law provides that where personal property remains on the
premises after a tenancy has terminated and the premises have been
vacated by the tenant, the landlord shall give written notice to the
tenant, as specified. Existing law provides a sample notice that
complies with this requirement, and which provides, in part, that the
statement "Because this property is believed to be worth less than
$300, it may be kept, sold, or destroyed without further notice if
you fail to reclaim it within the time indicated above" or an
alternative statement be used in the notice.
   This bill would modify one of the statements in the notice to
read, "Because this property is believed to be worth less than $700,
it may be kept, sold, or destroyed without further notice if you fail
to reclaim it within the time indicated above."
   Existing law provides that if the property is not released to the
former tenant, as specified, it shall be sold at public sale by
competitive bidding. Existing law also provides that if the landlord
reasonably believes that the total resale value of the property not
released is less than $300, the landlord may retain the property for
his or her own use or dispose of it in any manner.
   This bill instead would provide that the landlord may retain the
property for his or her own use or dispose of it in any manner if the
landlord reasonably believes that the total resale value of the
property not released is less than $700.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1984 of the Civil Code is amended to read:
   1984.  (a) A notice given to the former tenant which is in
substantially the following form satisfies the requirements of
Section 1983:
   Notice of Right to Reclaim Abandoned Property
To: _________________________
                          (Name of former tenant)
____________________________
                       (Address of former tenant)
  When you vacated the premises at _______________
________________________________________
           (Address of premises, including room or
__________________________ ,
apartment number, if any)
the following personal property remained:
_______________________________________________
    (Insert description of the personal property)
You may claim this property at __________________
_________________________________________.
         (Address where property may be claimed)
Unless you pay the reasonable cost of storage
for all the above-described property, and take
possession of the property which you claim, not
later than _______ (insert date not less than 15
days after notice is personally delivered or, if
mailed, not less than 18 days after notice is
deposited in the mail) this property may be
disposed of pursuant to Civil Code Section 1988.
  (Insert here the statement required by
subdivision (b) of this section)
Dated: _______     ____________________________
                        (Signature of landlord)
                    _______________________
                     (Type or print name of
                    __________
                    landlord)
                    ________________________
                         (Telephone number)
                    __________________
                            (Address)


   (b) The notice set forth in subdivision (a) shall also contain one
of the following statements:
   (1) "If you fail to reclaim the property, it will be sold at a
public sale after notice of the sale has been given by publication.
You have the right to bid on the property at this sale. After the
property is sold and the cost of storage, advertising, and sale is
deducted, the remaining money will be paid over to the county. You
may claim the remaining money at any time within one year after the
county receives the money."
   (2) "Because this property is believed to be worth less than
 $300   $700  , it may be kept, sold, or
destroyed without further notice if you fail to reclaim it within the
time indicated above."
  SEC. 2.  Section 1988 of the Civil Code is amended to read:
   1988.  (a) If the personal property described in the notice is not
released pursuant to Section 1987, it shall be sold at public sale
by competitive bidding. However, if the landlord reasonably believes
that the total resale value of the property not released is less than
 three   seven  hundred dollars 
($300)   ($700)  , the landlord may retain 
such   the  property for his or her own use or
dispose of it in any manner. Nothing in this section shall be
construed to preclude the landlord or tenant from bidding on the
property at the public sale.
   (b) Notice of the time and place of the public sale shall be given
by publication pursuant to Section 6066 of the Government Code in a
newspaper of general circulation published in the county where the
sale is to be held. The last publication shall be not less than five
days before the sale is to be held. The notice of the sale shall not
be published before the last of the dates specified for taking
possession of the property in any notice given pursuant to Section
1983. The notice of the sale shall describe the property to be sold
in a manner reasonably adequate to permit the owner of the property
to identify it. The notice may describe all or a portion of the
property, but the limitation of liability provided by Section 1989
does not protect the landlord from any liability arising from the
disposition of property not described in the notice, except that a
trunk, valise, box, or other container which is locked, fastened, or
tied in a manner which deters immediate access to its contents may be
described as such without describing its contents.
   (c) After deduction of the costs of storage, advertising, and
sale, any balance of the proceeds of the sale which is not claimed by
the former tenant or an owner other than such tenant shall be paid
into the treasury of the county in which the sale took place not
later than 30 days after the date of sale. The former tenant or other
owner may claim the balance within one year from the date of payment
to the county by making application to the county treasurer or other
official designated by the county. If the county pays the balance or
any part thereof to a claimant, neither the county nor any officer
or employee thereof is liable to any other claimant as to the amount
paid.