Holding tenants personal property for payment?

Question

Kim Meredith Hampton · Answer

@Hunter Fitch do you have the abandoned property disclosure in your lease agreement? This basically states that anything the leave behind shall be considered abandoned and will be disposed of.

Did you evict this person? If so, evictions are handled in a different way regarding belongIngs left behind. Please check your landlord tenant laws in your state

Rich N. · Answer

it depends on your state laws.

If you evicted and they left on their own, then its one way. BUT if you had to do the full eviction with law enforcement and movers...then that probably is a different way.

Tyler Ansell · Answer

Depends on your local laws but for me, after 30 days we literally throw it in the trash.

Dale Walker · Answer

I agree with the others, check your local laws and your lease.

Personally, once they are evicted and I have possession of the property, I would store the stuff for 30 days then deem it abandoned. If after the 30 days they want the stuff back, I would tell them to pay their owed balance or I would be forced to sell their stuff as agreed in our lease. Many Pro-landlord states deem 30 days sufficient to store someones stuff before it is abandoned. If they want their stuff before the 30 days is completed, I would return it to them and when they come to get it from me I would have them served with a small claims summons to collect the unpaid rent and damages. Or after the 30 days, I would tell them to sue me for it and file a counter claim for unpaid rent, damages,  and removal fees.

Before the 30 days, give the stuff back. After 30 days of possession, the ball is in your court.  This is coming from my understanding of Idaho Law though. I am not a lawyer though but I would feel comfortable with this in front of a judge holding our lease agreement which they broke which spells this out.  If your lease is silent about this, update it promptly!

Erica Constable · Answer

Definitely check with the state or county office which enforced the eviction

Kim Meredith Hampton · Answer

@Sai Toll every state is different, so take a look at your landlord tenant laws and you will get the wording that you are looking

Sai T. · Answer

@Kim Meredith Hampton

Do you have have the writeup for the abandoned property?

Thomas S. · Answer

Can I legally withhold the items and demand payment for them?

If after 30 days in your state he has lost the rights to his property you can do what ever you want with them. I certainly would ransom them.

If he refuses and they are of any value (unlikely) sell them. Otherwise tell him when he can pick them up on your front lawn. Leave a note apologising for the fact that they were inadvertently  destroyed.

Ryan Murdock · Answer

@Hunter Fitch

Maine has a very specific process a landlord must adhere to regarding abandoned personal property regardless if it's due to an eviction or the tenant simply up and disappeared. If the process is not followed precisely the landlord could be held liable for "illegally" holding hostage or disposing of personal property. Doesn't matter how much the tenant owes in past rent.

No idea is AZ operates in a similar manner but you may want to find out before you move that 60" flat screen from their old living room to yours....

Holding tenants personal property for payment?

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