When a landlord imposes daily fees for holding a tenant's belongings after eviction, the tenant's options and the landlord's rights depend heavily on the jurisdiction and specific laws governing abandoned property after eviction.
In California:
- Landlord's Obligations: After eviction, landlords must store any personal property left behind by the tenant for at least 18 days and notify the tenant about the belongings.
- Storage Fees: Storage fees can only be charged after the initial 18-day holding period. The fees must be reasonable and not excessive. The landlord cannot charge for storage during the first 18 days.
- Tenant's Options: The tenant can reclaim their belongings within the 18-day period without incurring storage fees. After that, they may be responsible for reasonable storage fees if they delay pickup.
- No Lease Impact: Even if there was no lease in place, the landlord can charge storage fees following proper eviction procedures and notice.
- Disposal: If the tenant does not claim the belongings after the notice and holding period, the landlord may dispose of or sell the items to recover costs.
In Georgia:
- After a writ of possession is issued, the landlord must give the tenant 7 days to move out and handle abandoned property according to state law.
- The landlord must use reasonable care when removing and storing tenant property but is generally not liable for damage once the property is removed.
- Specific rules about charging storage fees are less detailed in the provided sources, but landlords must follow state laws regarding abandoned property.
Tenant's General Options When Facing Daily Storage Fees:
- Request an itemized statement of storage fees to ensure they are reasonable and comply with local laws.
- Retrieve belongings promptly within the legal holding period to avoid fees.
- Challenge excessive or improper fees by referencing local landlord-tenant laws or seeking legal advice.
- Check eviction and storage notices for compliance with legal requirements (proper notice, timelines).
- If fees are unlawful or excessive, tenants may have grounds to dispute or seek remedies through local tenant protection agencies or courts.
Summary:
Tenants should be aware that landlords can impose storage fees after a legally mandated holding period (e.g., 18 days in California), but these fees must be reasonable and properly notified. Tenants should act quickly to reclaim belongings and verify that any fees charged comply with local laws. If fees seem excessive or improper, tenants can dispute them based on the landlord-tenant laws applicable in their state.
🔴 Immediate Actions (Today or ASAP)
- Gather all documents: Collect your eviction notice, any communication from your landlord about your belongings, and any receipts or statements related to storage fees.
- Check the dates: Determine when you were evicted and how long your landlord has held your belongings. This helps you know if the holding period (like 18 days in California) has passed.
- Request a detailed storage fee statement: Ask your landlord in writing (email or letter) for an itemized list of all storage fees charged so far, including how they calculated them.
- Act quickly to retrieve belongings: If you are still within the legal holding period, arrange to pick up your items immediately to avoid any storage fees.
- Document everything: Keep copies of all communications with your landlord, and take photos of your belongings if possible.
🟡 Short-Term Steps (This Week)
- Review local laws: Confirm your state’s specific rules about abandoned property and storage fees (e.g., California requires 18 days of storage before fees apply).
- Compare fees to legal limits: Check if the storage fees your landlord charged are reasonable and lawful under your state’s landlord-tenant laws.
- Send a formal letter if fees seem excessive: Write a polite but firm letter or email to your landlord disputing any unreasonable fees, citing the relevant law (e.g., no fees during the first 18 days in California).
- Plan to retrieve belongings: If you haven’t yet, schedule a date to pick up your items promptly to avoid further fees.
- Keep records: Save all letters, emails, and notes from phone calls.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Seek legal advice if needed: If your landlord refuses to return your belongings or charges unlawful fees, consider consulting a tenant rights attorney or legal aid.
- File a complaint: If you believe the landlord violated the law, you can file a complaint with your state or local tenant protection agency or consumer protection office.
- Consider small claims court: For disputes over storage fees or property, you may be able to sue the landlord in small claims court to recover your belongings or challenge fees.
- Learn for future: Keep notes on this experience to protect yourself better in future rental situations.
Your Legal Rights
California: Landlords must store your belongings for at least 18 days after eviction and notify you. They cannot charge storage fees during this period. After 18 days, reasonable storage fees may apply. If you don’t claim your property, the landlord may sell or dispose of it.
Georgia: After a writ of possession, landlords must give you 7 days to move out and handle abandoned property carefully. Storage fees and disposal are regulated by state law.
General: You have the right to get an itemized statement of any fees and to dispute unreasonable or unlawful charges. Landlords must follow the proper legal process before charging fees or disposing of your property.
Where to Get Help
- Legal Aid Organizations: Search for local legal aid offices that help tenants. For California, try LawHelpCA. For Georgia, try Georgia Legal Aid.
- Local Tenant Rights Groups: Many cities have tenant unions or advocacy groups that can provide advice.
- Government Agencies: Contact your state or city housing or consumer protection agency.
- Small Claims Court: If needed, you can file a claim for unlawful fees or property disputes.
- Emergency Help: If your belongings include essential items (like medication), seek emergency assistance from local social services.
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