Does a landlord have the legal right to charge a 25 a day storage fee for a vehicle being left on the property after the tenant vacates the primises?

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Does a landlord have the legal right to charge a 25 a day storage fee for a vehicle being left on the property after the tenant vacates the primises?

I left a vehicle on his property for 21 days, it didn’t prohibit him from showing the home. He did not inform me that their would be charges incurred. When I called to inquire about my deposit he informed me that he could not rent the house because the vehicle was there and he did not inform me that charges were incurring then. I had the car removed the very next day. I did not know about the charges until I recieved the letter in the mail notification that your full deposit will not be returned due to the conditions of car left on property for 21 days X $25 per day $525.

Asked on September 15, 2012 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord should only be able to charge a storage fee in the following circumstances:

1) If  the lease provided that there would be a storage fee for belongings or a vehicle left after the tenant moved out--if so, such a provision is enforceable; or

2) If the landlord in fact incurred an out-of-pocket charge or cost to store the vehicle--for example, he had to have to it towed and parked elsewhere (e.g. at a commercial lot), so he could access the garage/driveway/parking spot--then he may pass that charge onto the former tenant. However, if there was no actual cost to the landlord, he cannot impose a charge.


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