0
Can the landlord hold property after eviction due to balance of rent due?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
Wiki User
∙ 15y agoDepends on your state's tenant landlord laws
Add your answer:
Earn +20 pts
How long does it take for a landlord to evict a tenant in Florida?
PRETTY quick, especially if it's for non-payment of rent! First a landlord must serve the tenant a three-day notice. Time: 3 days Then the landlord must file the paperwork with the Clerk's Office: < 1 day Sheriff's deputy serves the eviction summons: This takes one day or two You have then FIVE days to answer the Summons, and the answer must accompany a money order or cash in the amount of the rent, in person at the Clerk's Office. If you don't have the money, the Judge doesn't want to hear from you. He can rule a Judgment for the Landlord by default. Time: about three days Then the Landlord must obtain a write of possession. Time: about 1 or 2 days Then the Landlord must turn the paperwork to the Sheriff's Office and pay them $80 to hire a deputy to force the tenant out (execute the writ of possession). Time: about two days. Total turnaround time: about 20 days by default, longer if you did pay the money to the Clerk and went before a Judge, who may order you to pay another month's rent if it's then due by the time of the final hearing.
When can a manager of an apartment complex change the locks?
In Canada if there has been several break-ins in the complex then the landlord has the right to change ALL locks, but the tenants must be notified and given a new key. The only other reason would be if the tenant has not paid their rent, then the landlord can change the lock on that particular apartment with the contents still in it until the tenant pays the rent. In the US a landlord cannot use self-help to hold the renter's personal property for rent due, unless it was so stated in the rental agreement. Before a landlord can seize property and lock a delinquent tenant out of the residence they must use due process of law, receive a Writ of Possession and serve the delinquent tenant with the writ. If the tenant does not recover his or her belongings within the specified time limit, the landlord can consider them abandoned and dispose of them in whatever manner chosen. If the landlord wishes to remove the property from the residence before the set time expires he must secure those items in a storage area.
Can a landlord hold a tenant responsible for a lease agreement if the tenant was not mentally competent and no attorney was present at the signing of the lease agreement?
Did a court adjudicate the tenant as incompetent? Then, if and when the landlord sues, that would provide the basis for a defense. You can't stop the landlord from trying to recover damages.
What should you do if you get an unlawful eviction that says leave with immediate effect?
These are reasons you can be evicted quickly: Not paying your rent for more than one month Not keeping the premises the way you found it (clean) Continuous complaints from other neighbors over noise factor or you had one too many parties. Too much noise as far as music/TV, arguing, etc. Damaging the inside of your apartment (your landlord has the right to give you 24 hours notice to come in and inspect your apartment, but be aware ... these landlords often will use the excuse that there is a leak somewhere in the building (or plumbing problems) and they have every right to use their master key to get into your apartment, but they should leave you a notice to this effect. If you have damaged the apartment in any way and refuse to pay the damage deposit they can hold your possessions indefinetly and also, if you haven't paid your rent on time they can do the same thing. If you have done none of above then your landlord cannot ask you to leave even if they are selling the property. When selling the property ALL tenants must be informed and given a few months to relocate. You can put a complaint into the police dept., and if they can't handle it they will be able to tell you where to go for help. You can also go to your local City Hall and make a complaint. Marcy thr appellant court rules that the landlord has effectuated an unlawful eviction snf recslld the Erit of Execution after the tenant has been locked out over 150 days. What legal recourse does the tenant have in damages for a law suit.
Is it illegal for a present landlord to withhold rental history for any reason?
In many states it is illegal for a landlord to hold from a prospective tenant any material facts in the rental of that unit, such as that a death occurred in that unit. But the tenant would have to prove damages that resulted from the withholding of that material fact.
Can Landlord hold personal property for back rent?
No.
How long does it take for a landlord to evict a tenant in Florida?
PRETTY quick, especially if it's for non-payment of rent! First a landlord must serve the tenant a three-day notice. Time: 3 days Then the landlord must file the paperwork with the Clerk's Office: < 1 day Sheriff's deputy serves the eviction summons: This takes one day or two You have then FIVE days to answer the Summons, and the answer must accompany a money order or cash in the amount of the rent, in person at the Clerk's Office. If you don't have the money, the Judge doesn't want to hear from you. He can rule a Judgment for the Landlord by default. Time: about three days Then the Landlord must obtain a write of possession. Time: about 1 or 2 days Then the Landlord must turn the paperwork to the Sheriff's Office and pay them $80 to hire a deputy to force the tenant out (execute the writ of possession). Time: about two days. Total turnaround time: about 20 days by default, longer if you did pay the money to the Clerk and went before a Judge, who may order you to pay another month's rent if it's then due by the time of the final hearing.
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.
What does 'lifted' mean when the justice of the peace tells the landlord during the eviction case when the tenant showed bankruptcy papers and the case was put on hold?
If it was in reference the bankruptcy stay being lifted the landlord can proceed with the eviction process. The case will remain pending until the landlord files a motion and receives permission from the court to proceeed. If the state allows self-help a court order is not necessary the one exception being public funded housing, such as a Section 8.
Can a landlord hold your property until he receives payment?
It depends, did you sign a contract saying that if the landlord did not receive payment in _ amount of time, the landlord may hold personal property until payment is received If you did not (which no logical person would do, unless they did not like and or enjoy their personal property) then it is against the law that they take it, unless you HAND it over to them or allow them to take it, if they took (also known as stole) any personal property without your permission, you can take your landlord to court, and justice will most likely will be paid, but to be positively far, the landlord can give a certain amount of time for you to pack your things if you did not pay, so things do even out, but this is not a legal case unless you either handed or gave permission for your landlord to take/touch your personal property... But, you must pay your rent...
If your rent is paid up to date and you receive a eviction notice do you still pay rent to the landlord or do you hold it?
As long as you're in the apartment your rent is still due. If the landlord is evicting you for any other reason except non-payment of rent you still must pay while the case is still pending. If it's for non-payment your court's clerk's office should tell you if you should pay the landlord or the Clerk's Registry.
What is a stay of eviction?
A stay of eviction is a temporary hold on the eviction process that a court sometimes issues for some extraordinary reason. If a tenant is evicted, but there would be a substantial hardship on the tenant or the family, the tenant may apply for a stay of eviction. If there is a genuine hardship, the court will order a temporary halt in the eviction process but only until the hardship or until a reasonable time for the tenant to take care of the hardship passes. In many cases, if a tenant is evicted in mid-month, he or she will not be able to find new quarters until the first of the month after the month that immediately follows the eviction. Hardly any court will put a family and its belongings on the street at least for one month. This gives the evicted tenant some time to find a new home.
What four jobs did shakespeare hold during his life?
He was an actor and playwright and also a businessman, since he owned part of the theatre company and part of the theatre. He was also a landlord; he owned rental property.
Will not pay rent no security and numerous breakins?
This depends upon what you mean by "no security." When a landlord rents to you, you have the right to live in a decent, safe, and sanitary dwelling. If you move into the property and find that any of these components are deficient, you have the right to move out and break your lease under the constructive eviction clause. Keep in mind that your landlord may try to keep your security deposit because of this, and may hold you responsible for any unpaid rents until he rents out the unit again or until the lease expires, whichever comes first. If the landlord takes you into court and/or keeps your security deposit, you may make a counter claim for any money he has taken from you, and may present the defense that the conditions were unsafe for you to remain in the dwelling. Now, be aware, that as long as you remain a tenant on the property, you have a legal obligation to pay the rent or be evicted. There is no legal excuse for nonpayment of rent.
What is the meaning of lien balance?
The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.Also can be said asSecurity Money
How do you hold a landlord tenant meeting?
Just like you would any other meeting: contact the landlord and tell them you want to talk with them about an issue.
What should a tenant to with the rent money when the landlord passes on?
If a landlord dies then the property becomes part of that landlord's estate until it is settled, normally by a Will administrator. You should still make your checks payable to the landlord and pay your rent on time. The landlord's administrator will give you further instructions if they change. It could take about a year for this to happen. When a person dies and has a sizable estate, typically of over $100,000, the estate gets into probate, a judicial process by which a will is administered after an ample period of time that is given to creditors to file a claim against the estate and for the administrator to dispute such claims if necessary. Eventually the property is sold or given to an individual. If you are still there as a tenant, instructions will be given for you to make payments to that particular landlord. Alternatively you can hold the money in escrow, but do not spend it.
