2007-10-12 05:33:55 · 28 answers · asked by It's just me 3 in Business & Finance ➔ Renting & Real Estate
No, you can not legally hold personally property unless you have a signed contract stating that any items left in the room, house or building shall be held, disposed or sold in the event of a brken lease, rental agreement or abandonment.
You can do it if you want but when he show's up with the police for his bolongings you will have to release them.
If they don't know any better you might get away with it.
You do however have the right to go to the court house and file a small claim suit against them in the amount of the lost rent and charge them storage for the items.
If you act fast and sent them a letter of right to cure, stating that they have 72 hours in which to pay the $XXX in back rent and pick up personal property or you will file suit and storage in the amount of $10 per day shall be incurred for storage of personal property and back rent is paid in full.
After 72 hours has pasted then you will need to send another letter, stating that the back rent and storage in now ( old rent bill plus 10dollars for rent) and that each day they will now be charged plus a late fee on the rent of $3.00 a day or 19% interest compounded daily.
Make sure that you send these leters certified mail so they have to sign for them, and keep the original copy's with the postal reciepts. Now after the 3 days go to the court house and file a small claims case for the back rent and the daily storage at 10 per day and a late fee or interest charge on the late rent of 19%. You won't have an exact amount on the late fee or the storage but as long as the court is furnish with a copy of the right to cure then when you get a court date the judge will determine the amount of storage you are paid for and the late fee or finance charge allowable by state laws.
If they don't show up to court you will win by default and the judge will give you order on what to do with the personal property.
Good Luck!
2007-10-12 05:51:36 · answer #1 · answered by Randy W 5 · 0⤊ 0⤋
This is a tricky legal question. I wouldnt do anything like that without first talking to an attorney or at least a tenants rights council in your area.
In a sense if you hold the lease then the roommate is your sub tenant and you have to act as a landlord would...If I am right then you cannot change locks/keep or control any others belongings.
This is a potential law suit - get good advice from a professional advisor, not a forum like this, however well meaning we are.
2007-10-12 05:47:25 · answer #2 · answered by Anonymous · 0⤊ 1⤋
No, you haven't started proceedings to evict the roommates, therefore the roommates has the same right to enter as if they were paying rent. If this is a matter where you and the others were leasing a place, you are responsible for the rent. Laws vary from state to state, so it is important to get legal advice. In general, you are responsible for the belongings that you embargo, so don't plan to hold a quick yard sale or auction.
2007-10-12 05:41:12 · answer #3 · answered by cattbarf 7 · 0⤊ 1⤋
I am not sure you can get away with that unless you can show that there is a contract between you and the roommates that allows for this situation. If the roommates get the police involved, you will probably be told that you have to give up the belongings. If you want the money, you will probably have to take the roommates to court and sue them. Holding their stuff hostage will probably not work for you.
2007-10-12 05:38:01 · answer #4 · answered by A.Mercer 7 · 0⤊ 1⤋
You did not state where you are from. But in the US not only can you NOT do that, the tenant can press charges and have you arrested for theft.
You can not take someone elses property just because you feel like it.
That them to court for the rent money.
2007-10-12 06:21:49 · answer #5 · answered by Landlord 7 · 0⤊ 0⤋
No, but you can file a judgement against them in small claims court, anything up to $3000 worth, and if they don't show for court, you win, and if they don't respond there will be a bench warrant out for that person, if they ever get pulled over for a speeding ticket or have their license run by a police officer, they will go to jail, you will be called and can pursue action. It is a pain in the rear but it works, heck you could even go to one of those television court shows and get a free vacation, all while making a mochery out of your roommate. Good Luck
2007-10-12 05:40:19 · answer #6 · answered by R. W 2 · 0⤊ 2⤋
Sue and then threaten to seize assets not property. It can be taken to a credit agency if you have documentation. I would allow them their belongings. It would be considered theft which could lead to more trouble in the long run. Go and see his family about the matter. You may want to run the matter by the local police department.
2007-10-12 05:36:52 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It is illegal but you have the option to hold the belongings to force a roomate to pay rent. that is only your assurance to collect the payment. If the roomate can't not pay now you make a promisory note in exchange of his/her belongings that he/she will pay you on certain date or you will use the note to file a lawsuit.
2007-10-12 05:47:25 · answer #8 · answered by poorguy 4 · 0⤊ 1⤋
No. You should follow the procedures laid down in the rental agreement.
If you don't have a rental agreement, make sure you set one up next time you rent out a room.
2007-10-12 05:37:38 · answer #9 · answered by Helen M 4 · 0⤊ 1⤋
Nope, but you can take them to court regarding the amount in question. You have no legal right to hold their possessions.
2007-10-12 05:37:21 · answer #10 · answered by Vbonics 6 · 0⤊ 1⤋