Q: Can my landlord keep me from getting my rv ?
I rented a lot for 300 per month. I got behind a month and the landlord said I had to leave but would not let me take my rv. There is not written lease agreement other than a note she sent to the food stamp office for me.
A:
Based on the information you've provided, it seems that your landlord is not allowed to keep you from retrieving your RV, even if you are behind on rent. Here are a few key points to consider:
1. No written lease: Without a written lease agreement, the landlord has limited legal standing to withhold your personal property (in this case, your RV).
2. Landlord's lien: Some states allow landlords to place a lien on a tenant's property for unpaid rent. However, this usually requires a court order and specific legal procedures to be followed.
3. Illegal eviction: If your landlord is preventing you from accessing your property without a court order, this could be considered an illegal eviction or "self-help" eviction, which is not permitted in most jurisdictions.
4. Personal property: Generally, landlords cannot seize or withhold a tenant's personal property without proper legal action.
Here are some steps you can take:
1. Communicate with your landlord in writing (email or text message) to request access to your RV and arrange a time to retrieve it.
2. If your landlord refuses, consult with a local tenants' rights organization or a legal aid clinic for advice specific to your situation and jurisdiction.
3. If necessary, you may need to involve law enforcement to help you retrieve your RV, especially if you believe your landlord is illegally preventing you from accessing your property.
Remember, while you may owe unpaid rent, your landlord must follow proper legal channels to recover the money owed and cannot simply seize your personal property without a court order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
