Chapter 5. Disposition of Personal Property Remaining on Premises At Termination of Tenancy - California Civil Code Section 1988

1988.  (a) If the personal property described in the notice is not
released pursuant to Section 1987, it shall be sold at public sale by
competitive bidding. However, if the landlord reasonably believes
that the total resale value of the property not released is less than
seven hundred dollars ($700), the landlord may retain the property
for his or her own use or dispose of it in any manner. Nothing in
this section shall be construed to preclude the landlord or tenant
from bidding on the property at the public sale.
   (b) 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. The last publication shall be not less than five
days before the sale is to be held. The notice of the sale shall not
be published before the last of the dates specified for taking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
1983. 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. The notice may describe all or a portion of the
property, but the limitation of liability provided by Section 1989
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 which is locked, fastened, or
tied in a manner which deters immediate access to its contents may be
described as such without describing its contents.
   (c) After deduction of the costs of storage, advertising, and
sale, any balance of the proceeds of the sale which is not claimed by
the former tenant or an owner other than such 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. 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. If the county pays the balance or
any part thereof to a claimant, neither the county nor any officer
or employee thereof is liable to any other claimant as to the amount

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Last modified: February 16, 2015