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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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Can my previous landlords refuse to return my personal pro

Customer Question

Can my previous landlords refuse to return my personal property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.
Was the tenancy terminated by the unlawful detainer process, or did the tenant provide notice and vacate on time?
Customer: replied 1 year ago.
Had to vacate early due to safety issues
Expert:  legalgems replied 1 year ago.
If the LL is contending that rent was due because the tenant vacated, then they can sieze the property (Landlord lien) IF the lease provides so - that information and the entire process is here. Of course, if the unit was uninhabitable (unsafe) then the tenant can use that as an affirmative defense to negate the LL's claims. The LL can be liable for one month's rent or $500 as a fine along with attorney fees. Also the LL must leave notice that the property was siezed for this purpose, and list all the property. Otherwise, if the LL is simply keeping the property with no legal basis, then that is a violation of the LL's obligations and the tenant can file a lawsuit requesting either the return of the property, or its value. Sample petition here To show that the landlord is willfully violating the law, the tenant should deliver a written demand to the landlord for the return of the property along with a statement of why it was improperly seized. If the landlord does not return the property immediately, the tenant may pursue legal remedies including an order from the justice of the peace to return the property. Sample letter here Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 1 year ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!
Expert:  legalgems replied 1 year ago.
Hi; just checking in to see how everything worked out;thank you for using JA and I hope the information was helpful. Thank you!