Can a landlord remove his light fixtures, shelves, curtains & built-ins from a rented home?
I have been a tenant in a house for more than a year and the landlord sent a note saying he was coming by to pick up some furniture over the holidays – which we thought was a dresser and desk he’d left behind 13 months ago. No problem with us there. We always pay rent on time and have never bothered him for anything. He lives over 1500 miles away.
However, when we got home we found that he’d removed the light fixtures from the track lighting, the built-in speaker system, curtains and curtain rods, the small shelves that had been nailed in the bedrooms and bathrooms, bathroom mirrors, all the shelving from the garage, the built-in closet organizers, and even the built-in seating on the deck. Anything of ours that was on the shelves he just dumped on the floor. We can’t use the garage since he took everything we were storing in there and piled it up on the floor. Some of it is very heavy and we had the movers put it up on the shelves. Then he sent us a note that we need to clean up since the house was listed on the market for sale.
Landlords have a security deposit to protect themselves from a tenant trashing a rental, but what does a tenant do when the landlord does the trashing?
Also, do you think it is better for us to just find another rental ASAP – we are month-to-month – and leave quietly or is it worthwhile to try to get our rent reduced or refunded. Revenge ($) would be nice, but someone who rips the nice lighting and built-ins out of a house he is trying to sell is probably on drugs or has an untreated mental illness. Not someone I want around my family!
p.s. I promise I will only rent from a professional property manager from now on.
I’m very sorry for you and your family having this problem. As expressed by another poster, it sounds like your property is being foreclosed on. Your landlord owed you the respect of informing you of his/her plans, because it’s now possible that other persons/companies have been given keys to show the property.
You’re on a month-month lease, meaning that either party can give notice and leave within 30 days. Find out who the current mortgage company is and ask if they’re willing to have you remain as a renter while they sort through the paperwork. This could take more than 60 days.
Immediately take pictures showing where the personal property has been removed. That way you hopefully won’t be held accountable later by the landlord/owner saying that you ‘disposed’ of the property.
don’t cause yourself more aggravation find another place and move.
I would not worry about cleaning up to quickly.
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It sounds as if he is not really selling the house but having it forclosed on. I would forget about him and worry about getting yourself out of there. Give your 30 days notice as stated in your lease and start packing. I’m surprised he took almost useless closet shelving but left the kitchen appliances.
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Look for a new place right away. Check in with the Landlord and Tenant Act in your area (state) and the municipal office of the town/city for alternatives in making sure you get your deposit back from this guy.
Unfortunately, it is his building and he can (basically) do what he wishes with the building and attachments that are his. If he gave you notice of entry then he’s done the right thing there.
Sorry to hear the story ~ people are strange in the world. One thing you could consider is not paying him for the last month rent you are there and leave the security deposit to cover the rent. Please make sure that you have support in such a move with the local authorities however.
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I’m very sorry for you and your family having this problem. As expressed by another poster, it sounds like your property is being foreclosed on. Your landlord owed you the respect of informing you of his/her plans, because it’s now possible that other persons/companies have been given keys to show the property.
You’re on a month-month lease, meaning that either party can give notice and leave within 30 days. Find out who the current mortgage company is and ask if they’re willing to have you remain as a renter while they sort through the paperwork. This could take more than 60 days.
Immediately take pictures showing where the personal property has been removed. That way you hopefully won’t be held accountable later by the landlord/owner saying that you ‘disposed’ of the property.
References :
Legally he cannot remove anything from the house, because you made the decision to rent based on what was inside, including personal property he had there. The light fixtures are real property, which he cannot remove without your OK, even though it belongs to him. Would that mean he can remove the toilet in the bathroom and put a bedpan in there instead and you would have no choice?
Because the house is not the same as it was when you first moved in, you can leave anytime.
Since he told you the house is for sale, I would move immediately and find another rental. You don’t have to give him any notice, since he will not be owning the house much longer and after what he did, you have no obligation to do the right thing.
Besides, it’s to his advantage to have the house empty so it will be easier for others to see it.
If the house is being foreclosed (what I suspect), then one day you will see a "3 day notice to vacate" tacked on your door after the bank takes it over.
I would also not pay him anymore rent unless he agrees to a lower amount, to compensate you for what he removed from the house because you were making rent payments with those items included. Now these items are gone, so pay maybe 10% to 20% less in my opinion, until you move out. I recommend that all communications between you and him be in writing certified mail, from now on, so he can’t claim later that you never told him about what you want. Also request that he not call you, and write everything in a letter.
As they say: "forewarned is forearmed". He never gave you notice about removing things from the house, so two can play the game and don’t give him any notice either about moving out.
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Did you take pictures of the place before you moved in? And did you take pictures of how he left it when he removed all these items. I would sit down and write him a nice letter stating the reason you are moving. Find another place and move you don’t want a landlord who does crap like that it’s just unprofessional.
He took things out of the place that you were actually paying rent on since it was a fixture in the home.
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