Protecting your Personal Property after an Eviction Legal Information Letter

Neighborhood Legal Services, Inc.

PROTECTING YOUR PERSONAL PROPERTY AFTER AN EVICTION
© 1991-2003 by Neighborhood Legal Services, Inc.
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Going through an eviction proceeding is often a stressful event. If the landlord is successful with an eviction, the tenants stressful event becomes a pressure filled nightmare. Being forced to move is rarely a pleasant experience: Not only do you have to find a new place to live, you have to worry about what to do with all your personal belongings.

Sometimes no matter how hard you try, you simply can’t take all your stuff with you on the day you move. What might happen to your furniture, television, clothing or any other personal property that you leave behind?

If you cannot take your personal belongings with you on the day you move, you need to tell your landlord that you will be returning for your belongings. However, if you don’t tell your landlord that you plan to come to get your things, you may be considered to be abandoning you personal property, especially if it does not appear to be of any value. The landlord must allow you access to remove your personal property, otherwise the landlord is committing what is called "conversion" of your belongings.

What the heck does a conversion mean? Conversion is legally defined as any unauthorized exercise of dominion over property by one who is not the owner of the property which interferes with and is in defiance of a superior possessory right of another in the property. Translation: if the landlord doesn’t let you get your personal belongings, the landlord is committing a conversion of your personal property. Following an eviction proceeding, the landlord only has a right to the house or apartment, not to your personal belongings, which are considered your property.

Fortunately in Erie County, the Marshals and the Sheriff’s Department will not physically remove your personal belongings. If you leave your personal property behind, a landlord must allow you a reasonable amount of time to come back for your belongings. Unfortunately, a reasonable amount of time has not been defined. It is always determined by the courts on a case by case basis. So it is always in your best interest to pick up your belongings as quickly as possible. If the landlord chooses to put your personal property into storage, he can charge you the reasonable costs for the moving and storage of your personal belongings.

What happens if your landlord is angry with you and destroys or damages your personal property? A landlord cannot take out her frustrations on your personal belongings. If she destroys your property on purpose, she would be committing a conversion and would owe you the fair market value. However, if your personal belongings are accidently damaged, the landlord may not be held responsible. What happens if your landlord gives your property away? A landlord cannot simply give your property away. If a landlord does give your personal belongings away, the landlord is committing a conversion of your personal property and would owe you the fair market value of your property.

Tenants often wonder what happens to their personal belongings if they still owe the landlord money. Can the landlord keep the personal property as payment? A landlord cannot keep a tenants personal belongings for the payment of past rent. If a landlord says she will not return your property you pay the landlord for back rent, she is committing a conversion of your personal belongings. A landlord also cannot sell your personal belongings as payment for any past due rent. If you owe the landlord rent and she sells your personal belongings, she is committing a conversion and would owe you the fair market value of your belongings.

Can a landlord hold onto your personal property as collateral if you owe money? A landlord cannot withhold a tenants personal property until the past rent is paid, unless, a written lease gives the landlord permission. If a written lease provides that a landlord can hold onto your personal property, then this creates a lien on the property until the rent is paid.

If you are ever evicted you should always make arrangements to move and store your personal property. The likelihood that something bad may happen to your personal belongings is far too great. Even if you are reimbursed the fair market value of your personal property, collecting that money may be very difficult. Some items cannot be replaced and the fair market value of your belongings may not be the same as what they are worth to you.