We rented a house and landlords left a mower, weed eater, hedge trimmer, and fi

[Andrew_C]

The landlords left behind two lawn mowers (one was in the lease to keep the yard mowed) they also left behind hedge trimmers, a weed eater, a fire pit, a broken shed, and other various minuscule items.  Are we as tenants allowed by law to charge the landlords storage fees for equipment and personal property they left behind and never picked up during our stay at their domicile?
The landlords left behind two lawn mowers (one was in the lease to keep the yard mowed) they also left behind hedge trimmers, a weed eater, a fire pit, a broken shed, and other various minuscule items. Are we as tenants allowed by law to charge the landlords storage fees for equipment and personal property they left behind and never picked up during our stay at their domicile?  I know some think that this would cause problems, those problems already started.  The jacked up the rent from $580 to $900 2 months after signing a new lease.  We've moved to a new location since, but they refuse to give up the deposit, I am looking at every way of getting what is owed to me, at least my deposit anyway.  Charging for storage is one way.

[asiangirl33]

That would be messed up to charge your landlords.  You don't even own the place.

[mark]

You can request he shifts them and if he does not then, yes, you could charge him storage.
However, if you start the relationship off in this way I can see your landlord screwing you over about something really petty in the future.
My advice: Its always best to have a good relationship, wherever possible, with a landlord and this is not the way to do it.

[P_rushim]

...call the Landlord.  Ask him/her to remove the items.

[Mullta_Geerre]

Charge storage then rent another place.

[Richard_K]

It's a bit odd to charge landlords for anything  ...  except for things which they DON'T provide, according to lease.

If you have any objection to excess objects which are in the way  ...
just ask him to move them.  (You shouldn't be required to act as storage agents for his "detritus").

[mrsalireid]

No.  To charge storage you would need to notify first.  When you notify the stuff will be picked up.  What is your deal?  If you have to do the yard work then use his stuff and spare the wear and tear on your own.

[betotron_don]

nope
you own it now

[anthony_s]

no, but you could use the stuff or sell it just say a guy came and picked the stuff up. you thought he was one of his guys or something to that effect.

[grammy]

I doubt it.  you my be able to write a letter asking them when they are going to pick up the items give a date for geting it out (30 days) plus the standard 5 days for delivery state that if it is not removed it will be disposed of you can not keep it or sell it for a profit , If you pile it up somewhere and then call the city for compiance control they may send him a letter or fine him I am sure it will be taken care of. Good luck

[JD]

Andrew,

Sounds like you have a messy one here (no pun intended).  The short answer is small claims court.

Since you have already moved, it's tough to close the barn door after the horse has already gotten out.  At the same time, real estate laws (at least in California) are very supportive of tenants' rights.  You might do a bit of searching on the internet for tenants' rights in your state, relating to security deposit handling.  Depending on your financial status you may be able to get some free advice from a local renter advocate organization.  Check the phone book.

In California an itemized statement of deductions is to be provided to the tenant, and things are to be taken care of in about three weeks.

Your 'lease' document sounds unusual.  A lease is generally for six months or so minimum, and the monthly lease rate is locked in until the lease expires.  A change in rate after two months occupancy sounds more like a written month-to-month arrangement.  It also appears that if the rate was increased 50%, the landlord wanted to motivate you to move for some reason.  I sense there is more going on between the two of you than just the owner's personal property issue.

It is always better to try to talk things out and keep communication lines open.  Ask your landlord for an accounting of charges against your deposit.  If it has been more than 3 or 4 weeks, don't let him drag it out any longer than a day.  Give him a chance, then file in small claims immediately. 

In California it is only $15 (it is probably a similar nominal fee where you are), and you should get things cleared up pronto.  If the landlord is in the wrong, the small claims judge would be happy to teach him a lesson or two about real estate rental laws and requirements for handling security deposits.  However, your hands better be clean too, if you know what I mean.  You might even let the landlord know your intentions, to give him the option of taking care of things without judicial review.

However, forget about bringing up storage back-charges for his personal property.  That would only depreciate your position in the judge's eyes.  It would probably make him/her wonder why you hadn't simply requested the landlord to remove the items long ago if they were an unsightly safety hazard in your rented space.

Good Luck.

[bud68]

what universe are you living in??

[gafpromise]

No, you really can't as it's their property. But you could demand a rent abatement, if the lease guaranteed you certain space or amenities that you were blocked from using because of the space the other items took up. The fact that they changed the rent is generally ILLEGAL in a fixed lease, because a lease is a contract for a fixed term at a set amount. So if you can prove that, that alone should guarantee your deposit back.