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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.

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13y ago

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Can Landlord hold personal property for back rent?

No.


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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.


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

As long as the landlord is in legal possession/ownership of the property and as long as you are residing on/in his property, yes. His notice of default has no legal effect of putting a "stay" on your payment of rent.


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