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legalgems, Expert
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legalgems, Expert
Oh I am so sorry; so this was a lease option to buy?
What state please?
And are you asking if the owner can sue for unpaid rent and the. money owing per the agreement?
legalgems, Expert
Thank you.
I am so sorry;
A constructive trust can be imposed when one party has possession of property that belongs to another.
The personal property owner can sue the possessor for breach of constructive trust and conversion of personal property. This applies for tenant law as well.
This allows the court to issue orders such as:
I am so very sorry as I know that is a lot to deal with to protect someone's property that did not pay rent.
To avoid liability the possessor can remove the property and place it in a safe storage if the tenant abandoned the property; then the possessor can send an inventory and notice to retrieve by a certain date-usually ten days; and then sell the property if no response, with the net proceeds to the owner.
Please let me know if you need further clarification, and know that I will respond as soon as I can; otherwise I certainly wish you the best on this. Thank you for allowing me to assist you today. Should you have futher questions please don't hesitate to reach out to us here at Just Answer. If you request me I will do my best to get you the legal information you need. Here is a direct link for that https://www.justanswer.com/law/expert-legalgems/ If you decide that you need help applying that information to the specific facts of your case, you can contact the state bar for a referral to a lawyer for an in person consult and they can assist with anything beyond the general information the site allows us to provide. And of course feel free to use your membership by asking any questions to experts in our other forums such as AUTO, MEDICAL, VET etc! Our Just Answer Professionals strive to get the requested information in a prompt manner! Thank you, ***** ***** very best to you. If no further questions I certainly wish you and yours a Safe and Prosperous second half of '22! Thank you!
legalgems, Expert
It depends; a reasonable person would have to determine the property was abandoned. So you would need to make that call based on the cumulative facts.
In unclear situations like this it is generally best to retain an attorney and have them contact the tenant to determine their intent-it can help from an evidentiary perspective as well.
The court may, if the ruling is for the landlord, award legal fees as well.
legalgems, Expert
I am so sorry; it must be the stress from covid and the shutdowns and concerns over the economy?? You are I believe the third person that had a long time tenant act out of character, in a negative way, so I am sorry. Please take care!
Please let me know if you need further clarification, and know that I will respond as soon as I can; otherwise I certainly wish you the best on this. Thank you for allowing me to assist you today. Should you have futher questions please don't hesitate to reach out to us here at Just Answer. If you request me I will do my best to get you the legal information you need. Here is a direct link for that https://www.justanswer.com/law/expert-legalgems/ If you decide that you need help applying that information to the specific facts of your case, you can contact the state bar for a referral to a lawyer for an in person consult and they can assist with anything beyond the general information the site allows us to provide. And of course feel free to use your membership by asking any questions to experts in our other forums such as AUTO, MEDICAL, VET etc! Our Just Answer Professionals strive to get the requested information in a prompt manner! Thank you, ***** ***** very best to you. If no further questions I certainly wish you and yours a Safe and Prosperous second half of '22! Thank you!
legalgems, Expert
legalgems, Expert