Regarding a commercial tenant’s rights, does residential tenant law apply as to keeping someones personal property or is commercial tenant law different?

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Regarding a commercial tenant’s rights, does residential tenant law apply as to keeping someones personal property or is commercial tenant law different?

My fiance was incacerated and owned a buisness yet he owed back rent. I have a Durable Power of Attorney and have contacted the owner of the building to retrieve my fiances belongings and he set up on three different occasions for us to meet so I could get his belongings and then he cancelled on me at the last moment. I just received a text message from the owner of the building stating that he changed his mind and that all belongings will stay in storage as security until he receives back payment for monies due.

Asked on November 3, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country the laws make no differentiation between a commercial or a residential lease when the keeps a tenant's personal property.

From what you have written, it is illegal for the landlord to hold the personal belongings "hostage" for unpaid rent. I suggest that you consult with a landlord tenant attorney to assist you and your fiance' concerning the improper conduct of the landlord.


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