My uncle was leasing a small shop with a gated lot and he allowed me to store 3 fork lifts there in exchange for paying the shops electric which I have done. He suddenly passed away and his landlord is holding all property at this shop for 30 days after his death. I have bills of sales and invoices in my name regarding these lifts. My uncle was behind in his rent apparently. The landlord has told me verbally that I can store my lifts there even after the 30 days if I want but he wont let me remove them before hand. Im worried hes stalling to attempt to keep my lifts.
Without a specific clause in the lease the landlord can NOT hold a tenant's personal property even if the tenant is behind in the rent. since this is not even the tenant's property but your, the landlord can NOT hold it.
see an attorney about a strong letter demand on the landlord to release it all immediately and provide the proof it's yours. You may have to file suit
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.
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