§ 1993.07. — 1993.07. (Amended by Stats. 2018, Ch. 74, Sec. 3.)

California § 1993.07.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 5.
• Part 4.: TITLE 5. HIRING
• Ch. 5.5.: CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy

Text

(a)
(1)
The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding except that, if the landlord reasonably believes that the total resale value of the property is less than the threshold amount, the landlord may retain the property for his or her own use or dispose of it in any manner.
(2)
For the purposes of this section, “threshold amount” means either two thousand five hundred dollars ($2,500) or an amount equal to one month’s rent for the premises occupied by the tenant, whichever is greater.
(b)
(1)
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.
(2)
The last publication shall be not less than five days before the sale is to be held.
(3)
The notice of the sale shall not be published before the last of the dates specified for taking possession of the property in any notice given pursuant to Section 1993.03.
(4)
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.
(5)
The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1993.08 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, safe, vault, or other container that is locked, fastened, or tied in a manner that deters immediate access to its contents may be described as such without describing its contents.
(c)
(1)
After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale that is not claimed by the former tenant or an owner other than the 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.
(2)
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.
(3)
If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof shall be liable to any other claimant as to the amount paid.
(d)
Nothing in this section precludes a landlord or tenant from bidding on the property at the public sale.

Legislative History

Amended by Stats. 2018, Ch. 74, Sec. 3. (AB 2173) Effective January 1, 2019.