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Can landlords with hold personal belongings of a tenant, if the tenant was in arrears with rent and evicted?
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Can landlords with hold personal belongings of a tenant, if the tenant was in arrears with rent and evicted?


In some states. Talk to your local county atty's office

No. When you take a tenancy you are signing a contract to pay for the building itself and any furniture so your personal belongings are not legally eligible for collateral.

That said, if you are in arrears the landlord is technically loaning you money by letting you live there.

If you have been evicted then you only own the landlord the rent and he is illegally holding your belongings.

Just because a tenant is behind on the rent and even evicted does not give the landlord the right to withhold the former tenants property.
They can take a tenant to court to collect the money that is owed, but that is all they can do.

In the UK, and strangely enough this is a UK site.

The answer is no, it would constitute theft.

No...they have to go through eviction proceedings through the courts. If you left and the property was left behind then the landlord has the obligation to items for about 30 days if he believes it's ot junk and can dispose of it after that as they see fit..you can get the stuff back if you pay reasonable storage costs...which is usually what the going average rate is.
This is different from state to state but it's almsot the same.


In most states, the landlord can take your property and sell it, in order to pay the tenants debt. The same is true for hotels and motels.

Guardian angel
I am not a legal expert but it doesn't seem right that a private individual can seize someones goods without the courts permission

In most states only with a court order and in states where they can without a court order they face legal action if they hold property that has a greater value than the amount owed.

Summertime & the Living's Ea
This really is a question that is specific to the lease you signed, it could be yes or no. Read your lease carefully and if you have questions still I would contact a lawyer, if the goods are valuable enough to you to fight it. Chances are the landlord will just throw the stuff out or take it to Good Will.

What usually happens is they change the locks and remove the contents of the apartment to a storage locker (our landlords had an extra garage they stored things in at the apartment building). Now the manager cleans the place out for a new tenant. ( The one we helped her clean was totally filthy with broken glass in the carpeting, broken eggs on the floor and diaper stuff all over the walls, pretty bad). I think she said they had 90 days to come back and pick it up or she would sell the contents with the proceeds going to the amount the tenant owed.

Legally, no.

A landlord has the right to evict a tenant on the notice agreed on the contract. However, the landlord (like every other debtor on earth) must take legal action as a means of recompensing an outstanding debt.

If the landlord makes the argument "The property I have withheld was on my property", it is invalid - the agreement to use the land for any of your personal belongings was also made in the signing of that contract.

I suggest you contact a solicitor to go about reclaiming this item, and he will also contact the landlord about his preference for re-compensation.

♥ Rory Alexander ♥
NO he's not aloud to keep them he has to throw them out (im in england)

that's what my grandad said his neighbour was chucking some stuff out ma grandad asked him what he was doing and he said i evicted the tenants but i cant legally keep their stuff so i'm skipping it and he chucked it in a skip.

go to your council or something they'll help you out.

he would probably have to get someone in authority to do it but im in england not sure where you are

also im not defo sure but spk to your council or someone like that

Yes and no

dels replies
Yes he can I think . If you are in arrears and evicted , Its your own fault

Absolutely not. This is illegal in every State.

In many States, that's one of the things that can get the arrears of rent set aside by a court, and even get the landlord hit with punitive damages.


check the lease

Nicole E
no they have to protect belongings for 24 hours them let them go to you

Das N
I dont think sober

im in arrears with my privete rented garage and the landladys saying if i dont clear the arrears she will destroy my personal things in the garage .can she do this ?

ok so i was givin a house by my momma and i had two roomates paying me rent to live plus the other bills..well the agreement was pay the rent on the 1st. blah blah blah..well they moved most of their stuff out on the 30th (a couple days ago) and they didnt come back at all.they left a bunch of stuff that i DONT WANT but their dog died i had to pay $203 to help them put their dog to sleep I HAVE THE RECIPT FOR THE DOG TO BE PUT DOWN cause they had no money no job just SSI and they skipped two months of electric bill witch is now 150$ we bout their washer and dryer from them for 120 took it of the debt of the dog and now we were asking for just 80 so all together they owe me $230 they will NOT pay us wat they owe.but they were tring to kick in my door for there stuff.they vacated the property and they do not live here anymore.but the are trying to get a lawer! i NEED HELP PLEASE I NEED TO KNOW MY RIGHTS

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