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Can a landlord seize property that didnt belong to their tenant?

Discussion in 'Commercial Landlord & Tenant Issues' started by sbet98, Feb 7, 2018.

  1. sbet98

    sbet98 Law Topic Starter New Member

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    Hello.

    My uncle leased a shop with a gated lot and he allowed me to store 3 fork lifts on the property. He suddenly passed away and his landlord has closed the property up and is refusing to allow anyone to recover their property for 30 days. My uncle was apparently behind on his rent. LL claims his atty told him to wait 30 days prior to returning property. My uncle just passed away 2 weeks ago and Im not sure what rights I have to recover my lifts. I do have a Bill of Sale or an invoice for each of the lifts in my name.

    Landlord has been in touch with me and has verbally told me that he is fine with my lifts being on the property ... he has no intention of doing anything with them and has even stated that I can keep the lifts stored there for an unspecified time after his 30 day holding pattern.

    I would like to trust him but Id rather have legal backing. Do I?
     
    Last edited: Feb 7, 2018
  2. mightymoose

    mightymoose Moderator

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    Get his promise in writing. Otherwise the promise was never made.
    Meanwhile start looking for a new place to store your stuff. The landlord has no right to hold your property.
     
    Disabled Vet likes this.
  3. sbet98

    sbet98 Law Topic Starter New Member

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    First off thanks for your time.

    Im sorry, but what you mean is that he cant claim MY fork lifts to compensate for my Uncle's back rent and I have the legal right to take them? How far can I go with that? Am I able to break a lock to get into the property or do I need a civil standby? Do you know why he would want to wait 30 days?

    If I can get the LL to agree to a storage agreement in writing then that would circumvent everything else regarding my Uncle's situation with this property, and solve all of the above issues, correct? If so, that would be my goal.

    Thanks so much.
     
  4. Disabled Vet

    Disabled Vet Active Member

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    You can't break in... It might be your items but it is his property. You enter it without his permission you will be in trouble. At this point everything you do should be in writing from the Landlord. Maybe they are waiting 30 days to say that the property was left there. Who knows.... As stated above everything stated from the landlord needs to be in writing... If he is willing to allow you to keep these items there. Then he should be ok with signing a piece of paper stating that. If not... you need to start speaking with a local attorney.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Not really sure what this question means. The landlord told you the property will be held for 30 days, and you said about half that time has passed. if you have an urgent need for your fork lifts before the 30 days expires, then you'll have to work something out with the landlord or file for an expedited injunction.

    That's not what "mightymoose" wrote.

    We have no idea what abilities you have.

    Assuming that's some sort of court order, that would be the only legal way for you to take possession over the landlord's objection.

    I can think of at least a few.

    Have you shown the landlord written evidence of your ownership? If not, why not? You might want to consult with a local attorney about sending a demand letter for the immediate release of the fork lifts. However, if you have no urgent need for them, it's probably not worth it.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I commented on another legal site something to the effect that legal this and legal that isn't going to mean squat with your equipment behind a locked gate and you can bet he will keep your equipment hostage until he gets his money one way or the other no matter what laws you recite or what rights or documents you have and nothing is going to change after the 30 days are up.

    It's probably going to take a lawyer and a lawsuit to get you your equipment back and the longer it takes you to understand that, the bigger the risk that you won't be getting your equipment back.
     

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