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deshytrell75 · Oct 14, 2010, 10:10 AM

I recently vacanted a property leaving a refrigerator behind that I was renting for the rental company could pick it up... but because I left without notice (never had a lease or rental agreement) the landlord will not release the refrigerator to the company it belongs to... what do I do? And does he have the right to do that?. it's not my property...

Fr_Chuck · Oct 14, 2010, 10:17 AM

First the landlord seeing you had left, assumeed you were totally moved out. Did you call the landlord ahead of time and arrange for them to pick the fridge up ? ( most likely no)

Why did you not get it picked up a day or two before you moved. Or even took it with you.

You can sue him for the value, and he can of course counter sue for the rent due ( if any)
You wiill just have to pay them for the fridge, ( it is YOUR fridge) till they pick it up.

JudyKayTee · Oct 14, 2010, 10:19 AM

No, he cannot - but it appears he is. I would send him a letter, return receipt, DEMANDING that he release the refrigerator to the rental company. If the rental company cannot get the refrigerator they will sue you for the money and you will have to sue your landlord.

Side question - what State?

AK lawyer · Oct 14, 2010, 10:38 AM

Originally Posted by deshytrell75

... i left without notice (never had a lease or rental agreement) ...

Although it doesn't excuse their holding the refrigerator, you should have given them notice and since you didn't they are probably owed another month's rent.

deshytrell75 · Oct 14, 2010, 10:56 AM

Originally Posted by Fr_Chuck

First the landlord seeing you had left, assumeed you were totally moved out. Did you call the landlord ahead of time and arrange for them to pick the fridge up ? ( most likely no) there was never an agreement or lease in place...just me doing him a favor by staying in the home until he found someone else who could...

Why did you not get it picked up a day or two before you moved. or even took it with you.
That was the earliest appt they could schedule to pick up
You can sue him for the value, and he can of course counter sue for the rent due ( if any)
You wiill just have to pay them for the fridge, ( it is YOUR fridge) till they pick it up.

Please know there is no rent due....and i will be going the legal route and report the refrigerator stolen... until we get to court...

deshytrell75 · Oct 14, 2010, 10:58 AM

Originally Posted by judykaytee

no, he cannot - but it appears he is. I would send him a letter, return receipt, demanding that he release the refrigerator to the rental company. If the rental company cannot get the refrigerator they will sue you for the money and you will have to sue your landlord.

Side question - what state?

- baton rouge, louisiana... And i was thinking of reporting the item stolen...get a report and turn it in to the company

deshytrell75 · Oct 14, 2010, 11:00 AM

Originally Posted by ak lawyer

although it doesn't excuse their holding the refrigerator, you should have given them notice and since you didn't they are probably owed another month's rent.

there was never an lease agreement ...i inform the landlord that i would stay there until i located another residence... And i left in the middle of the month after i paid him rent...so i actually lost money...

deshytrell75 · Oct 14, 2010, 11:03 AM

Originally Posted by ak lawyer

although it doesn't excuse their holding the refrigerator, you should have given them notice and since you didn't they are probably owed another month's rent.

he knew from the beginning that i was only staying for a short period of time and because there was no lease agreement i assumed all i had to do was make a phone call or text to inform him about me leaving which is what i did...

ballengerb1 · Oct 14, 2010, 11:06 AM

You assumed incorrectly. With no lease you are a month-to-month tenant. He has to give you a months notice to leave and you have to do the same, so there is rent due. You, by most state tenant laws, owe rent for the next 30 days. Now here is a real twist, since you left without notice and owe a months rent the place is still yours, he can't lock you out or change the locks. If he is locking you out you can sue for treble damages but I think most judges will frown on both of you.

JudyKayTee · Oct 14, 2010, 01:38 PM

I will address one thing - the refrigerator was not stolen. You know where it is, you know why it's locked in, you know why you can't get it. Again, it was not stolen.

File a false Police Report (which you are apparently intending to do) and the refrigerator will be the least of your problems.

AK lawyer · Oct 14, 2010, 01:57 PM

Originally Posted by JudyKayTee

I will address one thing - the refrigerator was not stolen. You know where it is, you know why it's locked in, you know why you can't get it. Again, it was not stolen.

File a false Police Report (which you are apparently intending to do) and the refrigerator will be the least of your problems.

If the police report accurately gives the details recited here, I suggest that the police will know it wasn't actually "stolen". If it isn't a crime that will be the end of it as far as they are concerned.

deshytrell75 · Oct 14, 2010, 02:01 PM

LET ME BE CLEAR... I wasn't going to file a false police report... I was going to the police to see what my options are... and from there I'll decide what I need to do

Fr_Chuck · Oct 14, 2010, 04:13 PM

And I would assume the police would say it was a civil issue and do nothing, that is what they should do, and would do around here.