SB 1335: Tenancy: disposition of personal property abandoned in common areas.
This bill establishes an optional procedure for disposing of personal property left in common areas during a tenancy. The landlord must give written notice to the tenant or the property's owner, stating the property's location and the deadline for reclaiming it. The property can either be left in the common area or stored by the landlord in a safe place until it's reclaimed, disposed of, or kept by the landlord. The tenant is not required to pay storage costs if they reclaim the property within 15 days of receiving the notice or 18 days after it was mailed.
| Apr. 23, 2026 | April 28 set for first hearing canceled at the request of author. |
| Apr. 10, 2026 | Set for hearing April 28. |
| Apr. 08, 2026 | Re-referred to Com. on JUD. |
| Mar. 25, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar. 04, 2026 | Referred to Com. on RLS. |
| Amended IN Senate March 25, 2026 |
| Introduced by Senator Strickland |
February 20, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides optional procedures for the disposition of personal property that remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant. Existing law defines various terms for these purposes.
This bill would make nonsubstantive changes to those definitions.
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.3 (commencing with Section 1992) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:CHAPTER 5.3. Disposition of Abandoned Personal Property Remaining in the Common Area
1992.
As used in this chapter:1992.1.
(a) This chapter does not apply to commercial real property, as defined in subdivision (d) of Section 1954.26. For purposes of this section, commercial real property shall not include self-storage units.1992.2.
(a) This chapter provides an optional procedure for the disposition of personal property that remains in a common area during a tenancy.1992.3.
(a) Personal property that the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6. The landlord is not liable to the owner of the property if they comply with this subdivision.1992.4.
(a) If personal property remains in a common area during a tenancy the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. If the property consists of records, the tenant shall be presumed to be the owner of the records for the purposes of this chapter.1992.5.
A notice given to the person to be notified that is in substantially the following form satisfies the requirements of Section 1992.4:Notice of Right to Reclaim Abandoned Property | |
To: _____ (Name) _____ _____ (Address , including room or apartment number, if any) _____ | |
The following personal property, _____ (Insert description of the personal property) _____ has been identified as abandoned in the following common area _____ (Insert description of the common area and address of premises) _____ , If you own any of this property, you may claim it at _____ (Address where property may be claimed) _____ . Unless you take possession of the property that you claim not later than ____ (insert date not less than 15 days after the notice is personally delivered, or if mailed, not less than 18 days after the notice is deposited in the mail), this property may be disposed of pursuant to Civil Code Section 1992.8. Because this property was abandoned in a common area, it may be kept, sold, or destroyed without further notice and you may be required to pay the landlord’s reasonable cost of storage for all the above-described property if you fail to reclaim it within the time indicated above. | |
Dated: _______ | (Signature of landlord) _____ (Type or print name of landlord) _____ (Telephone number) _____ (Address) _____ |
1992.6.
The personal property described in the notice shall either be left in the common area or be stored by the landlord in a place of safekeeping until the landlord either releases the property pursuant to Section 1992.7 or disposes of the property pursuant to Section 1992.8. The landlord shall exercise reasonable care in storing the property, but they are not liable to the tenant or any other owner for any loss not caused by their deliberate or negligent act.1992.7.
A landlord shall release personal property for which notice was provided pursuant to Section 1992.4 without any charge for the cost of storage to the tenant or, at the landlord’s option, to any person reasonably believed by the landlord to be its owner if that tenant or other person takes possession of the property not later than the date specified in the notice for taking possession.1992.8.
If the personal property described in the notice is not released pursuant to Section 1992.7, the landlord may do any of the following.1992.9.
(a) If the landlord releases to the tenant property that remains in the common area, the landlord is not liable with respect to that property to any person.1992.10.
(a) Costs of storage that may be required to be paid under this chapter shall be assessed in the following manner:As used in this chapter:
(a)“Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or their agent or successor in interest.
(b)“Owner” means any person other than the landlord who has any right, title, or interest in personal property.
(c)“Premises” includes any common areas associated therewith.
(d)“Reasonable belief” means the actual knowledge or belief a prudent person would have without making an investigation, including any investigation of public records, except that, where the landlord has specific information indicating that such an investigation would more probably than not reveal pertinent information and the cost of such an investigation would be reasonable in relation to the probable value of the personal property involved, “reasonable belief” includes the actual knowledge or belief a prudent person would have if such an investigation were made.
(e)“Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number.
(f)“Tenant” includes any paying guest, lessee, or sublessee of any premises for hire.