Q: I am a retired widow. I loaned my daughter and family my camper. It was parked at the home they were renting.
When they moved out, he parked a backhoe blocking the removal of my camper. Do I have the right to ask him to give it to me even if they still owe him money? I'm retired and care for my 89-yr-old Mother with alzheimers. Cannot afford a large attorney fee.
A: I take it that the landlord is holding the camper as a means of compelling the payment of rent. This would be known as 'distraint' if the camper was your daughter's property. Distraint is abolished in the Alabama Residential Landlord Tenant Act, and the landlord could be opening himself to some serious problems if he does this kind of thing to his tenants. Since the property is yours, what the landlord is doing is known as theft or conversion. You need to go see the landlord and show him that the camper is yours and tell him you want it. If he fails to return the camper, go to the cops. He could be in some serious trouble with you as well.
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