What Is A Notice Of Belief Of Abandonment and When Is It Used?

What is a Notice of Belief of Abandonment?What should you do if you suddenly discover that the tenant on your property has not been seen in weeks and is nowhere to be found?Tenants who break their lease and leave the property without notice to the landlord are an increasingly common occurrence, particularly in California, as many tenants find themselves having to leave the state to escape the high rents and an unaffordable cost of living. A tenant’s decision to leave the property without notice and without paying rent is called “abandonment” in legal terms.When such an untimely departure occurs, landlords are often forced to decide what to do with the property left behind, and make decisions concerning the most prudent manner to end the landlord-tenant relationship in order to make way for the next tenant. The landlord cannot simply change the locks and dispose of the tenant’s property since the lease is still in effect.The first thing you can and should do in such a case is to adopt a legal procedure which can help in bringing the tenancy agreement to an end. California has specific laws that spell out notice requirements and waiting periods landlords must follow if they suspect the tenant has abandoned the rental property while leaving personal items behind. Essentially, the landlord must serve a Notice of Belief of Abandonment, which gives the tenant a window within which they can take steps to preserve the tenancy and/or reclaim their items after being put on such notice.The primary reason for serving the Notice of Belief of Abandonment is to notify the tenant that you have observed he or she is not at the residence for a certain period of time and has not informed you about it either. The notice informs the tenant that you will consider their property, and the lease ‘abandoned’ before the tenant agreement ends and therefore, you would be entitled to replace the tenant in case the tenant does not turn up soon.What Should Be Included In A Notice of Belief Of Abandonment?The Notice of Belief of Abandonment must clearly set forth the provision of California law that require notice to be sent and explain the consequences of non-compliance. The California Notice of Belief of Abandonment is concise and clearly addresses the issues, while informing tenants that their lease agreement will terminate at least 18 days from the date the notice was mailed or 15 days from delivering the notice in person.
The document explains the tenants’ obligations if they would like to remain in the property. If the tenant(s) wish to remain in the property, they must respond to the notice confirming they did not intend to abandon the property and providing an address where they can receive certified mail. This document must clearly set forth the terms and give the tenants an opportunity to respond prior to the landlord taking further action to terminate the lease agreement.When Can You Serve a Notice of Belief of Abandonment?There are some legal prerequisites to satisfy before a Notice of Belief Abandonment can be served on the tenant. Under California law, if after 14 consecutive days of non-payment of rent landlords believe their tenants may have abandoned the property the landlords must send the tenants a notice of belief of abandonment.How to Serve a Notice of Belief of AbandonmentThe Notice of Abandonment must be posted at every entry point to the rented property. It should also be sent to any address given by the tenant through certified mail..Lynx Legal Service can help you deal with any issues arising from an abandoned tenancy, including the preparation of a Notice of Belief of Abandonment. Lynx will also prepare and file all legal documents for you if the Notice of Belief of Abandonment period expires without action by the tenant and an eviction becomes necessary. Please call our offices at 888-441-2355 for additional information on our services.