Can the owner of a duplex go in and throw away all my belongings without notice if I still pay rent but no longer sleep there?

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Can the owner of a duplex go in and throw away all my belongings without notice if I still pay rent but no longer sleep there?

I’m renting an apartment . I don’t sleep there because I moved back with my grandmother to help her out at her house but I still pay rent at the apartment because I signed a years lease and my items were still there. I went to get something from the apartment and everything was gone. I called the property management and they said the owner of the duplex thought it was abandoned and threw everything away.

Asked on March 26, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, they can not.  Even if they truly believed that you had abandoned the place - and one who abandons does not generally pay rent - then they would have had to have you evicted and have a warrant to go in and remove the stuff.   They have improperly converted your things.  You need to make a list of what was taken and bring an action against them.  Good luck.  


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