Tenant requested to provide free storage for landlord’s personal property

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Tenant requested to provide free storage for landlord’s personal property

Landlord has left 7 big bins of personal property in the garage of the house we
are renting from him. We do not want it in there. The property is in Albany,
California Alameda County. The bins contain clothes and other assorted
personal stuff like photo albums, etc..
In the lease, the only specified personal property left on the property is a
lawnmower.,washer, dryer, refrigerator, dishwasher and range oven.
I am thinking of writing the rental agent the following.
‘We would like all the landlord’s personal property that is presently on the
property but not mentioned in the lease or adding to the function of the
property to be removed from the property.We are not comfortable being
responsible for someone else’s personal possessions that are not related to the
functioning of the household and property.’
I was thinking that, in lieu of the owner removing his stuff, we could ask him
to write out and sign something to the effect the he understands we will be
storing the stuff in the basement and that he releases us from all
responsibility for any damages to or loss of the property while we have
possession of the house. Should this kind of document be notarized?
Thanks

Asked on June 16, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you agreed in your lease to store things for your landlord, you have no obligation to do so, and the landlord has no right to keep any of his belongings in the space you rented. (He may keep possessions on any part of the property not rented by you.) If the landlord is keeping his items in your space, he is violating the lease; if he won't remove it after written demand from you, you could treat the lease as terminated and move out, or else sue him for compensation based on the percentage of your space being taken up by his stuff.


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