Legal Question in Landlord & Tenant Law in Minnesota

Civil/Property Law

My friend had the locks on his apartment changed and all of his things are being kept by the landlord. Apparently backrent is due, but I had a laptop and some software in his apartment that was also taken. I have talked to the landlord and she said her lawyer had all of my stuff in holding. They have since went to court, but she will not give me my stuff back. I have tried contacting her numerous times, but she is unresponsive. I paid roughly $2300 for the computer and about $100 for the software. I don't want the money, I just want the computer back. It has my only copy of pictures from Iraq on it. What should I do? Please help!


Asked on 10/21/08, 5:47 pm

2 Answers from Attorneys
Rob Shainess Capstone Law, LLC

Re: Civil/Property Law

You should write the landlord a letter by certified mail, with a copy to her attorney, explaining that the property belongs to you, and if possible, showing receipts or other evidence that you own the property. Minnesota Statute 504B.271 gives a landlord a right to take possession of a tenant's personal property left at the rental premises to hold it in storage. Under that statute, If a landlord, or person acting on her behalf, refuses to return a tenant's possessions within 24 hours after written demand, the tenant is entitled to recover actual damages, punitive damages, and attorneys� fees to recover the property. Because you are not the �tenant,� you should encourage your friend to write a letter as well. If this all fails, you may bring a lawsuit against the landlord to recover your property. Alternatively, you may sue in small claims court for the value of your property.

This message does not constitute legal advice, and we have no attorney-client relationship. For advice that applies to your specific situation, you should contact an attorney immediately.

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Answered on 10/21/08, 6:19 pm
Nathan Hansen Nathan M. Hansen, Attorney at Law

Re: Civil/Property Law

A "lockout" is illegal on the facts you gave. If there was an eviction proceeding, then that would be a different deal. She can't keep your stuff though. Get an attorney to take a look at this situation in some more detail to evaluate your options.

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Answered on 10/22/08, 12:36 pm


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