15 Jan
2013
15 Jan
'13
2:17 p.m.
On Jan 15, 2013, at 12:43 PM, Eric Smith <eric at brouhaha.com> wrote:
John Ball wrote:
Thanks Eric, good this is good to know. The question then becomes one of if the procedure
was followed or not. It sounds as if it could have been without Sellam's knowledge.
Is there a requirement to notify the tenant if not physically present on the property?
How long does the process take? While it isn't stated, would think that the recycler
was able to satisfy the police that they had purchased the contents of the building
legally.
Zane
Up here in Canada (I guess that's the key
phrase because who knows just how much different the laws are but at least up here
it's nationally accepted that....)if you don't pay the rent and you're that
far due you can forget about whatever you left there. The landlord can switch the locks
and now claim it as his own and the courts will laugh you out the door.
In the US this is a matter of state law, which of course varies from state to state. In
California, the landlord can NOT take simply possession of the tenant's belongings.
The eviction process involves having the Sheriff seize the tenant's belongings. If
the property is believed to be worth more than $700, it has to be sold at a public sale
(auction) at a time and place published in a general circulation newspaper. I rather
doubt that eBay qualifies. See California Civil Code section 1980-1991, especially section
1988.
If the landlord takes possession of the belongings or disposes of them in a different
manner than prescribed by law, it is theft, conversion, and/or unjust enrichment.
[These are my personal opinions, which are worth exactly what you've paid for them. I
am not a lawyer, and this isn't legal advice.]//