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If someone takes possession of storage space without approval. What are the rights of the landlord?
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Will incarceration break a landlord tenant lease?
No, although the landlord does have an obligation to try to rent the place to somebody else (mitigate his loss). The tenant should get somebody to remove his stuff and put it in storage, and return the key to the landlord with a letter saying that he surrenders possession.
Is the landlord responsible for providing tenants storage space?
No.
Can a landlord keep your possessions after an eviction?
How a landlord deals with your possessions vary from state to state in terms of law. In Florida, for example, your landlord can keep your possessions, while in South Carolina, your possessions must be moved to a curbside where you would have access to them to remove them. If the property remains there after three days then the landlord can arrange for them to be disposed of. And in some states the landlord has to place the items in storage, of which the tenant will be responsible for its fees.
Can landlord sell the contents of a storage for non payment?
Not in most states.
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 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.
If you rented a storage and someone else has things in that storage can they sue you for not paying?
You are more likely to lose possession of your belongings for non-payment. Check your written agreement. If you do not intend to pay, you should be upfront with the other person and move your stuff. Delaying the inevitable is not going to change anything.
If an outside pipe froze causing water to leak inside my storage room is my landlord liable for property damage in Minneapolis?
In a word.... YES...... Your landlord has a duty to not cause damage to the property of others
How long does a tenant have to remove property after breaking lease in NJ?
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
How does a tenant retrieve personal property if the landlord has changed the locks after an eviction?
This will depend on your state law: in some states the landlord is allowed to keep your property; in others they must put it in storage; while in others they must put it on the curbside
Can a landlord change the lock on your door while you are still living there?
The laws regarding the renting of a storage locker is not the same as residential landlord laws. In a residential setting a landlord may not change any locks whatsoever, without proper eviction procedures followed. If you have a storage locker that is part of the property you are renting from a residential landlord it is subject to that same rule. If your landlord also owns a storage facility from which you are also renting a storage locker, and you owe him rent for your residential property, he may not change the locks of the storage locker as long as you are current on your storage locker rent. If the rent of the residential property includes the rent of the storage locker as part of the rent altogether, he may not change the locks of the locker, whether the locker is located on the property or a separate facility. If you are renting a storage locker, whether the owner of that facility is also your residential landlord. then you are subject to the regulations regarding the rent of a storage locker. If you are behind on that rent the owner may charge you late fees and then may place one of his own locks on your storage locker to lock you out of your locker until all fees and rent are kept current. After a certain time the facility owner may seize your locker and auction off any contents therein.
Can a landlord remove your personal items and store them at your expense?
If you are not paying rent, then the landlord has the right to reclaim the home after giving notice. It seems to me that saving your belongings was a kindness, but if they had to go into storage, then you should be responsible to pay the going rate for that effort. Depending on your local laws, there may not be any requirement that the landlord care for your belongings.
