What to do if my landlord assumed that I was moving so let himself in and threw away my things?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my landlord assumed that I was moving so let himself in and threw away my things?
According to him, the neighbors told the homes owner that we were moving but he never contacted me. In reality, my wife and I were going to pay the rent until the end of the lease but moved most of our things to our new place. So while the lease was still in effect, without any notice, he let himself in and threw away all of my possessions (including furniture and sentimental items like family pictures and heirlooms). Do I have a case for damages for the things he threw away since he had no right to enter the premise without notice and he destroyed quite a bit of my things?
Asked on April 4, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The home owner had no right to throw away your belongings:
1) If you were still in possession of the premises (still renting; lease not expired; had not surrendered possession to the landlord; etc.), then clearly he could not enter at all, let alone dispose of your belongings.
2) Even if your tenancy had terminated, a landlord must generally provide (or at least attempt to provide) notice to the tenant that the landlord has the tenant's possessions, and an opportunity to recover them.
Therefore, since the landlord disposed of your possessions without any right to do so, you may sue him to recover their monetary value. Unfortunately, the law does not provide compensation for the loss of sentimental value--only for the actual economic cost of the items.
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 AttorneyPages.com 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.