What to do if a former tenant left things behind because he could not pay the rent and now he wants the items in question returned?
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What to do if a former tenant left things behind because he could not pay the rent and now he wants the items in question returned?
However, he still has not paid the rent that was due; he is left his items for 8 months.
Asked on September 28, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have to return his belongings--you're not allowed to keep them, unless he specifically used them as collateral or gave you a security interest in them. If you had to pay any cost to move, ship, store, etc. them, you can require him to pay that cost before returning the items--but you can't force him to pay the rent he owes as a condition of getting his belongings.
You can, of course, sue the tenant, including in small claims court, to recover any money (e.g. rent) he owes you.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Since the former tenant wishes to retrieve his or her belongings post move out, then the items are not abandoned. As such, you are obligated under the law to return them. In the interim I would have a small claims action filed against the former tenant and when he or she arrives to pick up the belongings have a friend of yours with you to serve the former tenant with the summons and small claims action.
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