The following is a transcript of "
On my moving day Aug. 31 this year, I had to leave my dryer (onein good working condition) at the rental apartment I was moving outof. The truck I used for the move was too loaded to take the dryeralong. I said to my roommate then that I will return to pick up thedryer a few days later. She agreed. Since September, she has ignoredalmost all my email and phone messages regarding my pick-up requestsof the dryer. The one reply I received from her says that I should'vepicked up the dryer the day after the move. I have also emailed thelandlord about it and he ignored my email as well. (My previousroommate and the landlord are good friends with each other.) I do notowe any rent or bills on the apartment. Is it legal for my previousroommate to not release my dryer just because I didn't move it out onmoving day or the day after? What legal steps could I take to get mydryer back without having to spend more money than the value of thedryer?Sorry you have had to go through this, Jade. This question touches upon several legal topics. A preliminary issue is fixtures. A fixture is personal property that is attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home. Normally, if a tenant attaches a fixture to rental property, and it cannot be removed without damaging the property, then the tenant cannot take the fixture with him when he ends his tenancy. A dryer is not generally considered a fixture because it can be easily detached from the property and moved. So, the law of fixtures is not implicated, and the dryer is treated like any other piece of personal property. The next issue is whether Jade abandoned her property in the rental unit when she left. Normally, any personal property left behind in a rental unit after a tenancy terminates becomes the property of the owner. However, if the tenant communicates an intent to return for the personal property, then the property has not been abandoned.