Can landlord keep tenant possessions?

[inSD]

What is the name of your state? SD

I'm a tired mother of an 18 year old who has just gotten evicted. With his head up his butt, he didn't take any of the paperwork he was served seriously....and so landlord got judgement and had eviction process taken. He now has all of son's possessions...including clothes and everything. What does my son need to do in order to get his stuff back? Also--some of my son's furniture is actually MY furniture that I was letting him use, so was wondering what I need to do. Thanks.

 

[dlf0284]

I believe so.

I saw your post and thought I could let you in on the little bit I have learned since I am dealing with a room-mate that wont pay and still has her stuff their. I havnt made it to court yet but this is what I have learned that can happen.
If someone is evicted or moves out and doesnt pay rent. The landlord gives the tenant an amount of time to get their possesions out of the apartment. Otherwise after that date, it is considered abandonment and the landlord can either take the stuff and do as he/she wishes or he can court order to have it removed. After that point the landlord can do as he wished with the belongings. I think you need to find out if your son was givin a date to which he was to be out. But I am not a legal advisor at all but I thought I would let you know what a lawyer has told me. I hope this can in someway help.

 

[BelizeBreeze]

I saw your post and thought I could let you in on the little bit I have learned since I am dealing with a room-mate that wont pay and still has her stuff their. I havnt made it to court yet but this is what I have learned that can happen.
If someone is evicted or moves out and doesnt pay rent. The landlord gives the tenant an amount of time to get their possesions out of the apartment. Otherwise after that date, it is considered abandonment and the landlord can either take the stuff and do as he/she wishes or he can court order to have it removed. After that point the landlord can do as he wished with the belongings. I think you need to find out if your son was givin a date to which he was to be out. But I am not a legal advisor at all but I thought I would let you know what a lawyer has told me. I hope this can in someway help.

Another case of Perry Mason meets Marilyn Mason.
WHAT paperword exactly was your son served with? Or does this not even matter to you?

 

[inSD]

I believe he was served properly. Once to appear in court for the eviction....another set saying a judgement had been entered in default. The papers said he had until 3:00 on the 20th (Wed) to vacate and that law enforcement would be there to remove him from the premises on that day. The thing is, that I find out that he also didn't bother to pay a court fine from another matter, and so when the paperwork hit the desk for law enforcement to have him vacate....they instead hauled him off to jail on that other matter the morning of the 20th. The landlord knew he had been taken to jail (I spoke with him) and said him being in jail wasn't the landlord's fault--he just had to take the steps necessary to have him leave. Which I understand. My son should have taken his things and left six weeks ago...but you know...he IS 18 and knows EVERYTHING!!! But because of this, he didn't get any of his (or my) belongings out of there. And now the landlord has removed everything from the house (on Saturday) and is refusing to tell him where it is or even give him his clothes (son is now out of jail) DO YOU SEE WHY I'M TIRED!!!! I'm just wondering for my own sanity.

 

[BL]

Your 18 year old son is of the age to handle his OWN affairs.

He chose to IGNORE " HIS" legal responsibilities.

Check with your local housing authority , or real estate agent, or consult an attorney.

As in my State , if a tenant is evicted through the courts or marshal, Either the Landlord or marshal has to Store an evicted tenant's belongings for a certain amount of time .

For the tenant to retrieve the belongings, he/she would have to pay the storage fees.

A landlord ( at least in My area ) can-not throw belongings on the curb right after the eviction, or hold them . They must either store them until the tenant picks them up,or pay to have them store.

Or as I said , if the marshal evicts, they have to have them stored.

Check out your local laws ..

 

[kanut]

Son Being Evicted

I am a Landlord, and in my state, and I go to court to evict, the judge gives the tenant 10 days to vacate the premises, if tenant and/or his or her belongings are still in the unit, I have to go back to the courts and get a rid of possession, I am then required to make an inventory of the belongings and store for 30 days, if tenant does not come within the time frame to take possession of items, then I can sale items for any past due rents, damages and storage fee.
I am not an expert, put this is a pretty hard situation for a landlord.

 

[inSD]

Son called tonight and said landlord refuses to give him even his clothes. I just really can't believe that he can hold everything. Son seems to think LL says son has to pay entire judgement before he gets any of his stuff. I told son tonight to call legal aid or something tomorrow and find out what the deal is. I can certainly understand why the landlord is ticked, but I do question the legality of what he's doing????

 

[BL]

You might even try calling a Marshall that does evictions, and ask him the laws and codes on landlords keeping cloths, etc.

Some will even site the laws that govern this issue. Ask the Marshall if there is a Law or code. Write it down.

Armed with that information , contact the Landlord and demand he fallow that law.

Local police , sheriffs, etc. generally do not get involved in this type of issue.

 

[TomBrooklyn]

Son called tonight and said landlord refuses to give him even his clothes.

In NY, NY, a landlord has to put evicted persons stuff in storage and inform them where it is. Tenant can then retrieve it but will have to pay any storage fees. I think landlord has to pay first 30 days though. Landlord can't keep stuff. Around here, I think the police might make the landlord give the stuff back, or else they'll tell you to go to court.

 

[HomeGuru]

Son called tonight and said landlord refuses to give him even his clothes. I just really can't believe that he can hold everything. Son seems to think LL says son has to pay entire judgement before he gets any of his stuff. I told son tonight to call legal aid or something tomorrow and find out what the deal is. I can certainly understand why the landlord is ticked, but I do question the legality of what he's doing????

**A: tell your son to stop crying and playing games. Sue the landlord damn it.