Legal Question in Real Estate Law in Montana

Keeping personal property

7 1/2 years ago I moved into a small apartment. My sister, who is also my landlord, agreed to store some of my belongings in her house as there was no room in the apartment. There is no rental agreement. Over a month ago I let her know I would be moving out. There is no damage to the apartment, I have steam cleaned the carpet and plan to clean the rest of the house the last day I am there(June 30). She wants the apartment in the same shape it was in when I moved in, walls painted etc. She is keeping the personal things of mine until then. I have been told legally she can not do this. Do you have any suggestions?

Thank-you,

Sandy


Asked on 6/25/02, 5:07 pm

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: Keeping personal property

Usually, a landlord cannot keep personal property as security for rent or damage to property. Additionally, without a written agreement otherwise, your sister cannot withhold any kind of deposit or property to secure claimed damages for failure to clean or damage to an apartment. Her remedy would be to sue for her damages. Either way, she is in the wrong for keeping that property.

However, she could claim that she was storing the stuff for you and she will not give it back unless you pay her for the storeage fees. That's another contingency.

All in all, it seems like a situation that would not be a good idea to take to court. Try to work it out.

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Answered on 6/26/02, 7:07 pm


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