Does an 18 Day Abandonment Notice have to be given after a commercial tenant has been evicted and locked out by the sheriff?

Asked almost 2 years ago - San Jose, CA

Our tenant was evicted and the sheriff came to deliver possession back to the owners. The paperwork said tenant had 15 days to remove her belongs and then we could dispose of them or sell at public auction (depending on value) after the 15 days. When that time was up, we were then advised that we had to give the abandonment notice and wait another 18 days. The tenant did not remove them during the first 15 day period although accommodations were made for her to do so. This doesn't seem right?.

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. California Civil Code section 1965 applies to residential tenancies only, not commercial.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    Answered . Mr. Chen is correct. The 18 day notice does not apply to commercial tenants, only residential.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

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