Can a halfway house landlord throw out a person's belongings when they go to jail?
Country relating to Question: United States
State (if USA): Idaho
Hello. My name isXXXXX will be happy to answer your question.Unfortunately, if the belongings are left by the halfway house tenant for longer than 30 days and are not picked up by the tenant or his/her friends/relatives, the belongings would be considered abandoned and the halfway house landlord would be legally permitted to dispose of this belongings at the landlord's discretion.I know this is not an answer you were hoping for, but please do understand that I have professional obligation to provide JustAnswer.com customers with correct answers, even if the answer is not favorable to the customer
It hasnt been more than 30 days, he according to him threw it out 4 or 5 days after my boyfriend was arrested
Thank you for your follow up.Did your boyfriend have a written lease with this halfway house?Did this lease address this type of situation?
Im going to see the contract that my boyfriend signed tomorrow. Can u tell me what I should be looking for in it. The landlord is saying that the myth was found in a backpack that was my boyfriends, but it wasnt is backpack. I have spoke with his PO and she is not worried about the charge and is pretty sure he can beat this charge. He has preliminary on the 18th and that is still within 30 days, so if the charge is dropped, does my boyfriend have legal right to proceed against the landlord for throwing the belongings out? I have talked to the landlord over the phone and for some reason he has a grudge against my boyfriend for some reason. I cant just see why the landlord couldnt just ask him to move out instead of creating a big scene.
Thank you for your follow up.Because this is a halfway house and not a regular rental situation, it is possible that the rental/tenancy agreement might contain more restrictive provisions and you should look for to see whether this agreement addresses situation where the tenant is arrested and what halfway house would do in a situation where the tenant is arrested, abandons the halfway house or incarcerated and the terms of the agreement would govern your boyfriend's situation.Even if the charges are dropped, it does not mean that the landlord was in any way obligated to keep your boyfriend's belongings and you should refer to the agreement for the governing provision.
So the contract that he signed is going to tell all in the end. I just want to know if the contract dosent specify anything as far as my boyfriend breaking the contract, then my next question is can he take legal action against the landlord. He had alot of paperwork and things that were close to him, so I want to take action if he was in the wrong.
Thank you for your follow up.The contract will govern this situation. It is likely that this contract would address this type of situation, given the fact that this is a halfway house and this type of situations are not uncommon.
Thank you for your help, and cross fingers that things will work out. So would this be a civil case then if I or my boyfriend takes him to court
Thank you for your follow up.If it is determined that you have a claim against the landlord for throwing away your boyfriend's belongings, you would file a claim for damages in the local small claims court against the landlord.I am sorry this has happened to you and I want to wish you good luck!
Thanks again for the help. I will need the luck, the landlord is kinda mean and not willing to work with me. Have a nice day!
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