answersLogoWhite

0


Best Answer

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.

User Avatar

Wiki User

11y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can the landlord hold property due to balance of rent due?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Can Landlord hold personal property for back rent?

No.


What is the law on personal property landlord refuse to give back?

The landlord refuses to return personal property until the balance of his rent has been paid. 3 months have passed.


Can landlord rent a foreclosed property?

If it is foreclosed then he does not own it. You cannot rent a property that you do not own.


What is opposition between a tenant and landlord?

A landlord is generally a person owns property for rent. A tenant is someone who rents property from a landlord.


Whether landlord is the job title?

A landlord is a person, not a job. You are a landlord when you rent out your property. The job is property management and thus the job title is "property manager".


Can you sue a property manager if he does not collect rent?

Generally there is no point in suing a property manager for not collecting rent. It should be noted that the tenant is responsible for paying his rent on time. It is not the responsibility for the landlord to collect the rent. If the landlord does not collect rent and the tenant should send it to the landlord by mail or in person.


What if your landlord does not have a license?

A landlord does not need a license to rent to you. They just need to own the property.


Does a landlord have the right to collect rent on a home with a notice of default?

Yes, a landlord can still collect rent on a property with a notice of default. The notice of default relates to the mortgage payments on the property and does not impact the landlord-tenant relationship or the tenant's obligation to pay rent.


Do you have to pay rent to a landlord who's property is in default?

Yes, you have to pay rent to a landlord whose property is in default. As long as the landlord still has control over the property he can still collect rent from you and evict you if it's not paid. A foreclosure of a home is a matter between the owner of the home and his lender, not the tenant.


Can a landlord sue for back rent if they lose the property in a foreclosure?

The tenant owes the rent to the landlord up the day of a foreclosure sale.


Can the landlord hold property after eviction due to balance of rent due?

In most jurisdictions, yes. A landlord can hold personal effects and in many cases sell them to recoup money owed. When a landlord holds personal effects or sell them to recoup money owed, this is called 'conversion' and landlord is liable to the tenant for the 'reasonable value' of the property regardless of what they were sold for .... you got it, now the judge becomes the trier of fact on what was 'reasonable value.' The better practice is to store the property ... in California after 15 days... and let the tenant or prior owner pay the storage fee to regain possession of the personal effects.


Where would unearned rent appear on the landlord's balance sheet?

In the current liability section of the balance sheet.