Rights of Tenants to Property Left Behind

Jade did not simply abandon the dryer. She told her roommate that she would return for it, the roommate agreed and so Jade did not abandon it to the roommate.

The landlord might argue that Jade abandoned the property because she never informed him that she would return to take the dryer. This argument would likely fail because Jade did express an intent to return for the dryer, and abandonment requires a strong showing of an intent to wholly and permanently divest oneself of property. Further, if the property is still being rented, then the landlord does not have a current right to enter the unit and take property anyway.

So, the dryer is not a fixture, and was not abandoned. So, the situation is one where the roommate is currently interfering with Jade's possession of her property. What the roommate has done is not legal.

The remedy: Try writing letters first. If your email attempts have been unsuccessful, it might be worth it to write an actual letter to your former roommate and the landlord, and CC it to your lawyer. Politely express in the letter that this is your last demand, and that the next step is court. That will communicate that you are serious, and will also create a nice paper trail.

If those letters do not work, sue for conversion in small claims court. Conversion is a tort that generally means someone took something from you, or has interfered with your ability to get to something you own. Here, the roommate has converted the dryer to his own, and has no valid defense. A small claims court action is effective for several reasons.

First, in most states, it costs nothing or very little to file a small claims action. Second, in most states, attorneys are not allowed in small claims court, so there will be no legal fees, and the former roommate and landlord cannot sick their high-priced lawyers on you. Third, an actual court action often wakes people up and forces them to play nice.

Right now, it is easy to ignore emails. When your former roommate gets served with a court action, it becomes more difficult to ignore.

Good luck, Jade.

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