Eric Smith wrote:
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.
Actually, the threshold amount is $300, and before it can be sold at
auction the landlord must have already:
1) Noticed the tennant of the restoration of the real property
2) Noticed the tennant of any personal property left on the property
3) >>>Allowed the tennant 15 days to recover the property<<<a
4) Noticed the tennant of the sale of any personal items remaining after
the initial 15 days *and give them 15 days additional to recover the
property upon payment of all storage fees incurred by the landlord* before
it is actually sold off
The landlords did exactly none of this. Even after I plainly and
explicitly and thoroughly educated them on the law through the letters I
wrote (which I posted for all to read) including footnotes to the actual
statutes. Even after they sent me (an illegible) notice of the sale, they
still refused to allow me to get my stuff, even after I offered to pay the
storage costs as required under the code. They wanted me to pay
additional amounts to which they were not entitled.
Note for #3: by the time I received notice that I was locked out it was 4
days before the mandatory 15 days I am to be given by default under
statute. The landlords never sent notice to my address of record but
instead sent it to the building, where I never received any mail, which
never had mail service and didn't even have a proper address until one was
added for the purposes of the eviction. Thus, I never received notice and
the landlords failed in their duty to notify me. This is all in my
affidavit.
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.
Eric is obviously someone who has taken the time to study the law. Thank
you, Eric.
And as Eric mentioned, these laws vary by state/jurisdiction, so you may
have a different set of laws involved where you live, in which case I can
say I'm sorry for you. At least in California we have these protections
on the books, not that they are strictly adhered to in some places where
the rule of law is obviously not as paramount as personal connections.
--
Sellam Ismail VintageTech
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International Man of Intrigue and Danger
http://www.vintagetech.com
Whatsoever a man soweth, that shall he also reap...The truth is always simple.