15 Jan
2013
15 Jan
'13
2:54 p.m.
I wrote:
In the US this is a matter of state law, which of
course varies from
state to state. In California, the landlord can NOT take simply
possession of the tenant's belongings. The eviction process involves
having the Sheriff seize the tenant's belongings. If the property is
believed to be worth more than $700, it has to be sold at a public
sale (auction) at a time and place published in a general circulation
newspaper. I rather doubt that eBay qualifies. See California Civil
Code section 1980-1991, especially section 1988.
Someone pointed out to me off-list that this was a commercial eviction,
so the rules aren't exactly the same. However, I'm pretty sure that
it's still the case that the landlord can't just take possession of the
stuff, must hold an auction, and post a legal notice of the auction
place and time. The landlord doesn't wind up with ownership of any of
the stuff unless he wins it at auction. Also, the landlord can't dribble
it out to auction a little bit at a time.
But as I said before, I am not a lawyer.
Eric