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Can the landlord legally keep my possessions for 10 days rent if she still has my deposit?

Can the landlord legally keep my possessions for 10 days rent if she still has my deposit?

Full question:

I gave my 30 day notice in writing and moved out before my 30 days were up. My landlord took possession of the property, put them in a garage, put a pad lock on the garage, and locked me out of my apartment. Can she charge me for the 10 days of rent out of my deposit? I no longer have any way of entry. My lease was a month to month starting from the first to the first.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: California

Answer:

A landlord has the right to insist that renters pay a security deposit before moving in. The security deposit is used to pay for any damage beyond ordinary wear and tear that the tenant might make to the rental property, or to satisfy any debts between the tenant and landlord. The deposit may not be used by the renter to pay rent.

At the end of the tenancy, the landlord must return the deposit to the renter within two weeks. The landlord is allowed to keep the amount necessary to repair damages or to pay off debts owed to the landlord under the lease. If the landlord fails to return all or part of the security deposit, he or she must give the tenant, within two weeks after the tenancy ends and the tenant has given the landlord a forwarding address, a written explanation as to why money is being withheld.

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.

FAQs

Can a landlord throw out my belongings?

In most cases, a landlord cannot throw out your belongings without proper notice. If you have moved out and left items behind, the landlord may need to follow specific procedures to store or dispose of those items, depending on state laws. In some states, landlords must provide written notice and allow you a certain period to retrieve your belongings before disposing of them. Always check your local laws for specific requirements.

How long do I have to keep someone's belongings after they move out?

The time frame for keeping someone's belongings after they move out varies by state. Generally, landlords must provide a reasonable period for the tenant to claim their items, often ranging from a few days to several weeks. After this period, if the items are not claimed, the landlord may have the right to dispose of them. Check your state's laws for the exact duration and requirements.

What is section 92.052 of the Texas property code?

Section 92.052 of the Texas Property Code outlines the rules regarding the return of a security deposit. It requires landlords to return the deposit within 30 days after the tenant moves out, minus any deductions for damages or unpaid rent. Landlords must provide a written statement detailing any deductions made. This section is important for ensuring tenants receive their deposits in a timely manner.

Can my landlord change my locks without notice?

Generally, a landlord cannot change your locks without providing notice, as this may be considered an illegal eviction. In most states, landlords must give tenants reasonable notice and a chance to respond before making such changes. However, if you have abandoned the property or are in breach of the lease, the rules may differ. Always check your local laws for specific regulations.

Can I sue my landlord for throwing away my stuff?

Yes, you can potentially sue your landlord if they improperly dispose of your belongings without following the required legal procedures. If your landlord fails to provide notice or does not allow you a reasonable opportunity to retrieve your items, you may have a case for damages. It's advisable to document the situation and consult with a legal professional to explore your options.

Can I sue someone for throwing away my belongings?

You can sue someone for throwing away your belongings if they did so without your permission and did not follow legal procedures for disposing of abandoned property. To succeed in a lawsuit, you would need to prove that the items were yours and that the person acted unlawfully. It's best to consult with a lawyer to understand your rights and the potential for recovery.