Cana landlordthrow outa former tenant’spersonal belongings?

UPDATED: Jan 26, 2011

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Cana landlordthrow outa former tenant’spersonal belongings?

I was living with a friend and I recently lost my dad and then I had a baby and lost her. I decided that it was time to move. She was cremated. I had her ashes, my bed, a bookshelf, and a lot of odds and ends left there after making 2 trips already. I could not do more with my little car. The lanlord said that my stuff would be OK. But when I returned with a truck, h said that all my stuff was gone. What can be done? That is wrong and is killing me about my daughter.

Asked on January 26, 2011 under Real Estate Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry about your losses.  The articles that you left behind were yours and should not have been touched by your landlord unless he had an order of eviction that allowed him to reenter the premises.  Then there are certain procedures that each state has regarding the belongings left.  Usually a sheriff or a marshall has to be involved in the matter of the personal property.  What did he do with it all?  What legally he did was known as conversion of your property that was held for your benefit in a bailment situation.  A lot of legal mumbo jumbo that basically means you entrusted your things to him and he sold or got rid of them for his own benefit.  Seek consultation from an attorney. I do not really know that you can put a monetary value on what was lost here.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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