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Can landlord keep goods after moving out And can he charge for having to move or store even if it's in the rental unit the property?
Wiki User
∙ 15y ago
It depends on what state the property is located in. I am a real estate professional in Nevada, and according to our state laws, a landlord must store left behind property for 30 days. If it in not claimed by the 30 day period, the landlord is free to do what he wants with it. Additionally, the landord cannot retain the renter's property against the renter's will. As your former landlord, I might file a lien on your property if it's left in the unit and you owe me back rent, or something of that nature. But if you abandoned your crap, I'm going to bill you, by the hour, for moving it, as well as any rental money I couldn't earn because you left your crap in the unit. Then, if I have to sue you to collect, these amounts (and any back rent) become actual damages. Add court costs, punitive damages and reasonable attorney fees to that judgment, where allowed by statute. And by the way, 30 days passed, so I sold your belongings to a crap dealer ;-) I hope I didn't arbitrarily lock you out of your home (without going through proper eviction proceedings) and hold your belongings for ransom, because I think that would cast a different light on tings.
Wiki User
∙ 15y ago
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Can the landlord hold property due to balance of rent due?
Generally, no. The possession of someone else's property for a debt is a "pledge" or "security agreement" that goes well beyond the mere obligation to pay rent. In other words, the tenant must AGREE to allow the landlord to have a security interest in the tenant's property. However, if the landlord has accrued moving and storage fees for the tenant's property, the landlord often has an automatic "lien" on the property for payment of those expenses, but not the overdue rent. When the landlord perfects the lien, holds a public auction and sells the tenant's property, the landlord can usually only keep the amount of profit (if any) that covers the expenses, unless there is also a court order that the tenant owes other rent, penalties, fees, interest, costs, etc.
Can a renter sue in small claims court for constructive eviction?
You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.
When a tenant makes a permanent improvement to a rented residential property should the tenant leave it when moving?
Yes. Since the tenant affixed the improvement to the property, it becomes a fixture, which belongs to the landlord. An exception to this is if there was an agreement between the landlord and tenant, or if the landlord gives permission for the improvement to be removed. Standard picture hooks, and other like objects, do not constitute fixtures, and may be removed if they belong to the tenant.
My friends landlord lowered their rent for them and then we moved in with them and now their moving away can the landlord raise our rent back up?
If your friends landlord lowered the rent for him/her and then after moving in with him/her, he/she decides to move out, then the landlord will most likely raise the rent again.
Can your landlord keep your deposit?
There are circumstances where a landlord is allowed to keep your security deposit.If you failed to repay any past rent.If you damaged the property (less normal wear and tare)If you breached your lease by moving without giving proper notice
If photographs taken as evidence of damage to a property were taken 8 months prior to the tenants moving into the property has the landlord committed the offense of contempt of court?
If photos were taken eight months prior to the tenant moving in and the landlord is using this as evidence of that tenant's damages then he is NOT committing an offense of Contempt of Court: he is committing the offense of PERJURY, or lying to court and creating false evidence, which is even more serious.
What is charge of property and what is seller's charge and buyer's charge?
Electric charge is a fundamental conserved property of some subatomic particles, which determines their electromagnetic interaction. Electrically charged matter is influenced by, and produces, electromagnetic fields. The interaction between a moving charge and an electromagnetic field is the source of the electromagnetic force, which is one of the four fundamental forces. Electric charge is a fundamental conserved property of some subatomic particles, which determines their electromagnetic interaction. Electrically charged matter is influenced by, and produces, electromagnetic fields. The interaction between a moving charge and an electromagnetic field is the source of the electromag
If renter has to move from a rental property because of landlords fault who is responsible for moving costs?
If the lease is month to month, the landlord just has to give you a month notice and you are gone. If there is a lease that is still in effect, the landlord is responsible for costs that you incurred as a result of the breach of the lease.
Is a contract between a month to month renter and a subleasee valid in California without the property owner knowing about it?
You should revisit your lease to determine whether you can sublet without the landlord's permission. Most of the time, you have to speak to the landlord before moving someone in your apartment or home.
Is the landlord responsible for repairing the non working phone jack in my apartment in Indiana?
Yes, an internal phone jack that existed prior to you moving in (meaning you did not have it installed) is a permanent fixture of the property. It's therefore the landlords responsibility to maintain and keep up to code any permanent fixtures of their property.
What to do when a landlord steals personal property when you are in between moving to one of his other properties?
You do what you would do when any theft occurs; you file a police report and have him charged with theft. Now because he is still your landlord, you might approach him and ask if you can have your property back before you involve law enforcement. Either way, you might want to consider finding a new residence.
What must a landlord clean prior to moving new renter in Minnesota?
I don't know about Minnesota specifically but there is a general principle that the property must be maintained in a "habitable" state. In specifics, that means no pest infestations, no damage creating safety violations, things like that. A landlord cannot require you to bring it to a better state than it was in when you moved in (the law in California at least). So if the kitchen and windows were dirty when you moved in, you can leave them in a comparable state and they cannot charge you out of your security deposit. For your protection, inform the landlord in writing and take pictures.
