How It Works

The process begins once abandonment is legally established. This typically occurs after:

• A completed Eviction, or
• Service of a Notice of Belief of Abandonment, followed by the required waiting period

Until abandonment is established, personal property generally cannot be sold, discarded, moved, or claimed.

Once abandonment is established, the next step is to document what was left behind.
This typically includes:

• Inventorying personal property
• Photographing items for recordkeeping
• Distinguishing personal property from fixtures

Accurate documentation is critical, as in many jurisdictions - including California - additional statutory protections are provided to property owners when abandoned items are accurately inventoried and clearly described in the Notice of Right to Reclaim Abandoned Property served on the former occupant.

Clear, specific descriptions help support compliance, reduce disputes, and strengthen the owner's position if disposition decisions are later questioned.

Before valuation or disposition decisions are made, items requiring special handling must be identified.
This may include:

• Sensitive records or documents
• Personally identifiable information
• Hazardous materials or regulated waste
• Items subject to special disposal requirements

These items are handled separately to ensure compliance and reduce downstream risk.

In many cases, value determines what happens next.
A professional appraisal helps:

• Establish which statutory disposition pathway applies
• Support good-faith decision-making
• Reduce disputes after disposition

Valuation is often necessary to determine whether public sale, disposal, or other handling methods are appropriate.

Before disposition may occur, required notices must be provided. These notices typically include a Notice of Right to Reclaim Abandoned Property, informing former occupants or owners of:

• Their right to reclaim the property
• Applicable holding periods
• How property may be recovered

Proper service and documentation of notice are essential. In addition, many jurisdictions require publication of the notice in a local newspaper or other public forum.

After notice is provided, property must be held for the required period. During this time:

• Reclaim rights must be honored if exercised properly
• Property generally cannot be sold or discarded
• Compliance records should be maintained

Improper handling at this stage can restart the process.

In some cases, additional diligence is required before disposition, particularly in commercial settings. This may include:

• Identifying secured creditors
• Reviewing competing ownership claims
• Coordinating with legal counsel
• Addressing access or removal constraints

This step is case-specific and driven by risk, value, and asset type.

Once notice, holding, and any additional requirements are satisfied, property may be disposed of through the appropriate method, which may include:

• Lawful disposal of lower-value items
• Public sale where required
• Other disposition methods permitted by statute

Disposition must follow the applicable statutory or contractual framework.

When property is sold, proceeds must be handled in accordance with applicable requirements. This may include:

• Deduction of allowable costs
• Holding proceeds for a defined period
• Providing accounting if required

Clear records help resolve questions that may arise later.

Completing the statutory process is only part of the objective. In many cases, the final step involves:

• Maximizing removal of remaining items
• Coordinating site close-out and clean-up
• Returning the unit or space to service

The goal is to complete the process correctly, minimize risk, and reduce downtime.