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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27619
Experience:  JA Mentor
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I was bad to be out of my apartment on Dec. 31. I h had not

Customer Question

I was bad to be out of my apartment on Dec. 31. I h had not found anywhere to go out sit my things. I have property still there and they told me I had 30 days to get it and I would pay have to pay 15 dollars s day storage. I've been laid off and trying to get the money to pick my things up. I found where the West Virginia law said that if I could not get my property at the 30 day mark as long as I showed interest in it and had all intentions of picking it up and paying storage and the property was worth over $300 that they had to hold it for me for another 30 days. They just told me today that I had till tomorrow at noon to get it out and pay for it. There is over $5,000 worth of stuff in there. Do I have an additional 30 days. I also have a living room suit in there that's is leased out from Rent A Center and they're saying rent-a-center can't have their property either until I pay and if I don't pay by tomorrow then they're keeping it. The manager was even making comments that she thought she was going to get to refurnish her apartment after all meaning I wasn't getting my stuff can you please help me. Jozet gillion(###) ###-####thank you..
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What the statute says is that the landlord must hold your property for an additional 30 days if you notify them of your intent to pick it up and you pay the costs of storage and removal. It's not enough to promise to pay the costs - you have to pay the storage costs in order to trigger their obligation to hold the property for another 30 days. W.V. Code, Section 37-6-6. It may help to remind them in writing of their obligation to hold the property when you pay them, so you have evidence if you wind up in court. It would also help to get a receipt for the storage and removal costs.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 10 months ago.
What about the items that Belong to Rent a center can they keep it and then me still be responsible
Expert:  Lucy, Esq. replied 10 months ago.

The fact that the furniture was rented and not owned by you has no legal bearing on the landlord's right to take it. If you stop making the rental payments, the rental center can sue you, but that's a separate issue.

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