Full question:
Landlord removed personal property and put in yard during storm then changed locks to garage. Came into rental took freezer while placing $500 of food in box to rot. Removed washer n dryer too. After all this gave a 30 day termination notice. Did I mention i have a baby and signed lease with him? What can I sue for?
- Category: Abandoned Property
- Date:
- State: Pennsylvania
Answer:
Your ability to sue your landlord depends on several factors, including whether you received notice to claim your property and how long after the termination notice the landlord disposed of your belongings. Typically, a landlord must notify a former tenant before transferring, selling, or destroying their property. Check local laws regarding abandoned property, as these can vary by location.
If your landlord took your property without proper notice, you may have grounds for a lawsuit. Additionally, if unpaid rent is involved, the landlord may have the right to sell some items to cover that debt.
When someone holds property for another, a legal concept called bailment is created. In a gratuitous bailment, where the bailee (the person holding the property) is not paid, they must still take reasonable care of the property. However, the standard of care is lower in gratuitous bailments compared to paid ones. If the bailee benefits from the arrangement, they owe a higher duty of care.
In your case, if the landlord had physical control over your property and intended to possess it, this could establish a bailment. Courts often consider whether the actions of the landlord were reasonable and fair when determining liability.
For further assistance, you may want to consult with a legal professional familiar with landlord-tenant laws in your area.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.