AMENDED IN SENATE MARCH 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Senator Strickland
February 20, 2026
An act to amend Section 1980 add Chapter 5.3 (commencing with Section 1992) to Title 5 of Part 4 of Division 3 of the Civil Code, relating to tenancy.
Vote: majority Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law provides optional procedures for a landlord to dispose of personal property that remains on the premises, including common areas, after a tenancy has terminated and the premises has been vacated by the tenant.
This bill would establish similar optional disposition of personal property that remains in a common area during a tenancy. The bill would require the landlord to give written notice to the tenant or any other person the landlord reasonably believes is the owner of the personal property, as provided. The bill would require the property to either be left in the common area or stored by the landlord in a place of safekeeping until the landlord releases the property, disposes of the property, or retains the property for the landlord’s own use. The bill would prohibit the landlord from requiring the tenant to pay the cost of storage if the tenant reclaims the property within 15 days of having received the notice or 18 days after the notice was mailed, as provided.
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
As used in this chapter:
(a) “Common area” means a shared community living or maintenance space that is provided for the benefit of all occupants, including lobbies, hallways, elevators, stairwells, laundry rooms, parking areas, gardens, and yard areas.
(b) “Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or their agent or successor in interest.
(c) “Owner” means any person other than the landlord who has any right, title, or interest in personal property.
(d) “Premises” means any area that is exclusively leased to a tenant and does not include common areas.
(e) “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 an investigation would more probably than not reveal pertinent information and the cost of 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.
(f) “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, including, but not limited to, name, address, or telephone number.
(g) “Tenant” includes any paying guest, lessee, or sublessee of any premises for hire.
(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.
(b) This chapter applies to self-storage units only to the extent that it does not conflict with Chapter 10 (commencing with Section 21700) of Division 8 of the Business and Professions Code.
(a) This chapter provides an optional procedure for the disposition of personal property that remains in a common area during a tenancy.
(b) This chapter does not apply whenever Section 1862.5 or 2080.8 or Article 2 (commencing with Section 2018) of Chapter 4 of Title 6 applies. This chapter does not apply to property that exists for the purpose of providing utility services and is owned by a public utility, whether or not that property is actually in operation to provide those utility services.
(c) This chapter does not apply to any manufactured home as defined in Section 18007 of the Health and Safety Code, any mobilehome as defined in Section 18008 of the Health and Safety Code, or to any commercial coach as defined in Section 18001.8 of the Health and Safety Code, including attachments thereto or contents thereof, whether or not the manufactured home, mobilehome, or commercial coach is subject to registration under the Health and Safety Code.
(d) This chapter does not apply to the disposition of an animal to which subdivision (d) of Section 1815 or Chapter 7 (commencing with Section 17001) of Part 1 of Division 9 of the Food and Agricultural Code applies, and those animals shall be disposed of in accordance with those provisions.
(e) If the requirements of this chapter are not satisfied, nothing in this chapter affects the rights and liabilities of the landlord, tenant, or any other person.
(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.
(b) If the appropriate police or sheriff’s department refuses to accept property pursuant to subdivision (a), the landlord may dispose of the property pursuant to this chapter.
(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.
(b) The notice shall describe the property 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 1992.9 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 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. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a 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.
(c) The notice shall be personally delivered to the person to be notified or sent by first-class mail, postage prepaid, to the person to be notified at their last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also to any other address known to the landlord where the person may reasonably be expected to receive the notice. If the tenant provided the landlord with the tenant’s email address, the landlord may also send the notice by email.
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) |
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.
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.
If the personal property described in the notice is not released pursuant to Section 1992.7, the landlord may do any of the following.
(a) Dispose of the property in any manner.
(b) Retain the property for the landlord’s own use.
(c) Continue to store the property and require payment of the cost of storage of the property as a condition of releasing the property to the tenant or other person reasonably believed by the landlord to be its owner.
(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.
(b) If the landlord releases property pursuant to Section 1992.7 or 1992.8 to a person other than the tenant whom the landlord reasonably believes to be the owner of the property, the landlord is not liable with respect to that property to either of the following:
(1) Any person to whom notice was given pursuant to Section 1992.4.
(2) Any person to whom notice was not given pursuant to Section 1992.4, unless the person proves that, before releasing the property, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person.
(c) If property is disposed of pursuant to Section 1992.8, the landlord is not liable with respect to that property to either of the following:
(1) Any person to whom notice was given pursuant to Section 1992.4.
(2) Any person to whom notice was not given pursuant to Section 1992.4, unless the person proves that, before disposing of the property pursuant to 1992.8, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person.
(a) Costs of storage that may be required to be paid under this chapter shall be assessed in the following manner:
(1) If a tenant claims property pursuant to Section 1992.8, they may be required to pay the reasonable costs of storage for all the personal property remaining in the common areas that are unpaid at the time the claim is made.
(2) If an owner other than the tenant claims property pursuant to Section 1992.8, they may be required to pay the reasonable costs of storage for only the property in which they claim an interest.
(b) In determining the costs to be assessed under subdivision (a), the landlord shall not charge more than one person for the same costs.
(c) If the landlord stores the personal property in a common area, the cost of storage shall be the fair rental value of the space reasonably required for that storage for the term of the storage. Storage costs shall not be assessed if the property is claimed within the earlier of 15 days of having received notice or 18 days after the notice was mailed pursuant to Section 1992.4.
Section 1980 of the Civil Code is amended to read:
1980.
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.