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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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What is considered personal property under North Dakota law

Customer Question

What is considered personal property under North Dakota law in the eviction process? It is a commercial lease, are they allowed to take their company vehicles, welders, tools?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

Customer: replied 2 months ago.
Thats fine
Expert:  Damien Bosco replied 2 months ago.

Great. Can you provide a little more detail. I understand there is a commercial lease. Was there a lack of payment on the rent? Was there a court proceeding? Let me know so I can see if I can help you.

Customer: replied 2 months ago.
They are being evicted for lack of payment. They were served with a 5 days to vacate notice.
Expert:  Damien Bosco replied 2 months ago.

Is there a court order of eviction?

Customer: replied 2 months ago.
I think so. It is a company near us, and the employee is a friend and being left to deal with it.
Expert:  Damien Bosco replied 2 months ago.

Okay. I know your question is about personal property. Are you asking whether the landlord can go in and take that property?

Customer: replied 2 months ago.
The order says they can remove personal property, what is the definition of personal property?
Expert:  Damien Bosco replied 2 months ago.

Okay. Sorry to belabor this but do you mean that the tenants are allowed to take there own personal property with them?

Customer: replied 2 months ago.
It says the tenants can remove their personal property, does that include vehicles, tooling, machinery?
Expert:  Damien Bosco replied 2 months ago.

Usually, in a landlord tenant situation, personal property means anything that is not a fixture of the premises. So, vehicles, tooling would be allowed. The same with machinery, unless the machinery became such a part of the real structure of the building or space (which is unlikely) it is now part of the space. For example, if someone put in new lighting, the court could rule that that lighting is now part of the structure and is no longer personal property. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 2 months ago.

Hello Shawn: I have not heard back from you. Do you want to continue to discuss your question or are we complete? Please let me know. Thank you.

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