After you give 30 days notice, can your landlord keep your personal property if you still owe rent?
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After you give 30 days notice, can your landlord keep your personal property if you still owe rent?
After giving my 30 days notice, I went to collect my property from the old house. My landlord said since I still owe her rent/back rent and that she will keep my items until I can pay her off.
Asked on October 20, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, your landlord cannot keep your personal property in California as any form of security for unpaid rent if you are unwilling to allow such. If a landlord is owed unpaid rent, he or she has the several options:
1. have the tenant sign a written document such as a promissory note agreeing to the amount owed with payments over time at a set allowable rate of interest.
2. sue the tenant for the amount owed, obtain a judgment and then try to collect upon it.
If your landlord keeps items belonging to you until you pay owed rent against your wishes, I suggest that you consult with a landlord tenant attorney.
Good luck.
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