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landlord`s legal rights to non paying tenants personal belongings on property?

IMSTOCK

IMSTOCK

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Jan 22, 2011
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What are my legal rights to confiscate or at least hold items if I had a tenant who has since moved out who still owes a month and a half of rent, but has left a rental storage container on my property with their motorcycle inside of it. Also my shed with their tools and other stored items.



Thanks all
 
Jurisdiction and whether or not the garage is part of the lease will be important here. Is it a storage agreement that holds the goods? Has that agreement been breached too?
 
Its more just a small storage shed in the back yard. In the front of the house in a parking spot, he rented a storage container and stores his motorcycle inside.
 
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm



Part V Section 39 - 42.



If the tenancy has not been officially terminated you must do so first by applying to the board. If the tenant wants his property back you can insist on him paying all monies owed first (rent, board application fees, moving, storage etc).



I would suggest you move the belongings to a storage rental unit asap. It is the only leverage you have to collect his rent and needs to be secured by you before he returns to claim it.

He will owe you for all costs incurred in moving and storage of his property as well as any rent owing.

Once you have officially evicted him you can sell the property after 30 days.
 
Thanks so much for that helpful reply.



It was a couple that split up and they told me they were moving out. One party wrote me a final note stating they were moving out including the date written and the date to be moved out, and the other party verbally told me as well.



Is this considered officially terminated,



Thanks again
 
Generally it is considered official by most landlords under normal circumstances. It is not official to the LTB but you can rely on the written notice to go forward. You are assuming the risk that the ex tenant may fight you when you refuse to return his property until he pays. If you suspect you may end up selling his property to recoup your losses I would definitely officially inform the board that the lease is terminated first to legally protect yourself. My experience with the "Tenant Protection Board" is that if a landlord does not cross every T and dot every I they will look for a way to rule in favour of the tenant every time.



I personally would file the L3 in this case and definitely move quickly to store all the tenants property before he returns to take it back without your knowledge. You could move it all to your own personal property if you have a place to secure it. Make sure you take plenty of pictures of it before you move it to proved proof of it's condition.
 
Could I also not instead file an



Form L1 - Application to end a tenancy for non-payment of rent and to collect rent the tenant owes

Filing fee: $170.00
 
No.



Once a tenant has vacated a property the LTB will no longer address any issues a landlord may have. Your only recourse would be small claims court but since you hold his property you have leverage.



Unfortunately tenants have the right to go after landlords for compensation up to 1 year after vacating a property. Just another example of the anti landlord policies of our government.



Do you have any details on the make/age/condition of the motorcycle.
 
Yes I do, and I also just found out that the storage container belongs to him, it is not rented.
 
Even better, I would guess all together they should be enough to cover the rent owing.



If you have contact with him first move his belongings then let him know what he needs to pay to get them back. Make sure you have a copy of the RTA available in the event he calls the police. In particular Part V Section 42 (6).



Good luck
 
Thanks again. My only concern now is, I want to move this storage container but I am concerned that if I do I may damage the motorcycle inside and then be liable for any damages if he comes up with the monies owed.
 
You will likely have to cut the lock, if there is one, remove the bike, take pictures, move the container and bike separate.

Basically do what ever you have to in order to insure the property is not damaged.

He may throw a fit but the reality is you are simply moving it to insure no one damage or theft of his property occurres while in your care.
 
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