What rights do I have to store items in the basement of my rental?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights do I have to store items in the basement of my rental?

I have things in our basemant that I would want to keep like X-mas things and my kids crib. However, our landlord is saying if it is not all out in the next several days it will be going in the trash. Can he legally do this?

Asked on February 22, 2012 under Real Estate Law, Massachusetts

Answers:

Trevor Clement / Law Office of Trevor A. Clement, LLC

Answered 9 years ago | Contributor

It depends on what your lease says.  If the lease gives you permission to use the basement for storage, then you have a right to it.  If it does not say that you can use the basement, then you cannot.

If you do not have a lease, it gets a little trickier.  How long have you been storing your stuff there?  Has he ever given you permission to store things there?  Are there other tenants that use the area?  However, the odds are that if you don't have a lease, you can't keep your stuff there.

That does not mean he can just throw it out.  He would need to give you notice and reasonable time to remove it.  He is going to then argue that you abandoned it and he had the right to remove it.  A court might not agree with that, but that's not really a fight you want to have because you would lose your stuff and maybe even the case.

Short answer: you can't store your stuff in the basement.  You are renting the apartment only and if he does not want your things in the basement, they have to go.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption