Can I recover my daughter's and grandchild's belongings from the landlord?

Full question:

My daughter left in the night to go to Illinois. When she left, she left all her clothes, furniture, and my grand kid's toys and clothes also. The reason she left is that she owed money to the man that let her stay in his home, so they left without them knowing. I filed a missing report on her and the children and found out where they were. I asked the landlord if I could possibly have the grand kid's things and he advised me that he was donating them to goodwill. These are things I had loaned to her and also things I had bought. Is there anything that I can do to get them back?

  • Category: Landlord Tenant
  • Subcategory: Security Deposit
  • Date:
  • State: North Carolina

Answer:

Under North Carolina law, if a landlord removes a tenant's belongings without following proper procedures, the tenant or their household members can recover their property or seek compensation for its value. In your case, the landlord's decision to donate your granddaughter's belongings may not be lawful if they did not follow the required steps for handling abandoned property.

According to NC statute § 42-25.9, if a tenant abandons personal property valued at five hundred dollars or less, the landlord can donate it to a nonprofit organization after providing notice. This notice must include the name and address of the organization and be posted at the premises for at least thirty days. If the property is valued at more than five hundred dollars, the landlord must follow different procedures, including giving written notice before disposing of the property.

Since you mentioned that the items were loaned or purchased by you, you may have a claim to recover them, especially if you can prove ownership. It may be beneficial to consult with a local attorney who specializes in landlord-tenant law to explore your options further and possibly take legal action to recover the items.

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

To legally retrieve your belongings from an ex, first try to communicate directly and request the items. If they refuse, you may need to send a written notice outlining your claim to the property. If the items are valuable, consider consulting a lawyer to discuss your options, which may include filing a claim in small claims court. Keep records of your communications and any evidence of ownership to support your case.