Can a landlord hold your personal property hostage if back rent is due?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord hold your personal property hostage if back rent is due?
Month-to-month lease. The landlord has given us 3 days notice, explaining that was his way to get our attention. He told me that my property was “gone” and I could get it back if I paid him money that was owed. My personal property includes my clothes, picture,s and gifts for my granddaughter for her 5th birthday.
Asked on October 13, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, a landlord can not take your possessions unless and until he or she has an order allowing him to take possession of the property and even then he can not take your things but must arrange for the Sheriff or Marshall to come and move them out. Otherwise you have an action for conversion. at the very least. And the 3 day notice is not just to "get attention" and may not be the proper service here. And even if it was he or she would still need to file summary proceedings to get you to leave should you ignore the notice. I woud go to landlord tenant court immediately and file an action against him. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.