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

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. 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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. 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 licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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