Tenant has been arrested for assault and battery against landlord, landlord issued a restraining order and pressed charges against tenant. What can landlord legally do about tenants personal belongings?
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Tenant has been arrested for assault and battery against landlord, landlord issued a restraining order and pressed charges against tenant. What can landlord legally do about tenants personal belongings?
Room for rent tenant and landlord got into an
altercation with one another. Tenant called police on
landlord, however the police ended up arresting and
booking tenant. Now tenant is in jail, cannot pay bail,
has already paid for the month of August rent and
landlord is now attempting to throw out personal
belongings of tenant. Landlord has issues eviction in
the tenant but whether or not the tenant knows of the
landlords intent with his personal property is
unknown.
Asked on August 12, 2018 under Real Estate Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It's understandable that you want to help your friend, but stay out of this. Legally, the landlord cannot and should not give you your friend's belongings without a power of atttorney from the friend giving you authority over his belongings. If you interject yourself into this, there is too much chance for one side or another to claim you stole the belongings--and since there is bad blood between them, there's also the possibility of a confrontation.
If the landlord throws out your friend's belongings without first properly evicting your friend for good cause (e.g. for unpaid rent) in the proper way, he will be in violatio of the law and your friend could sue him and possibly press charges for theft.
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