Is My Landlord Liable For Disposing of My Personal Property?

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: 04/07/2025
• State: Pennsylvania

Answer:

The answer will depend in part on whether you were provided with notice to claim the property and how long after termination of the tenancy disposal was made. A former tenant should be contacted by written notice before transferring, selling, or destroying the property by a new owner. You may also check the local police department, ordinances governing abandoned property, as laws vary by area. If a court action for unpaid rent is brought, the goods may be levied upon and sold to cover the rent owed. When a person who is not a landlord agrees to hold property for another, a bailment is created. When the person holding the property, called the bailee, is not being compensated, it is called a gratutous bailment and the bailee must use reasonable care to protect the property.

There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible. There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation. When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence. To create a bailment, the alleged bailee must have actual physical control with the intent to possess. Physical control and intent to possess will be interpreted according to the expectations of the parties. If a court thinks that liability would be unexpected or unfair, it can usually find that the defendant did not have “physical control” or “intent to possess.” For example, courts are more likely to find a bailment of a car exists in a garage with an attendant than in a park and lock garage.