Our law firm was not involved in the lawsuit described in this article. NOTE : The statute quoted in this article has since been amended. In a recent opinion Division II of the Court of Appeals upheld a $76,275.55 verdict against a landlord and the property management firm it retained.[1] In addition, the Court of Appeals added attorney’s fees in an amount to be determined for the appeal.
tenant’s property
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Abandonment must be clear and unequivocal.[1] The tenant need not expressly state an intention to abandon. Such an intention may be implied by law.[2] “This inference may be drawn from anything which amounts to an agreement on the part of the tenant to abandon.”[3] The Residential Landlord-Tenant Act abolishes the common law right to distress for rent.[4] Any landlord who takes or detains the property of the tenant without express written consent and refuses to return the property upon demand to do so may be liable for actual damages and attorney’s fees.[5] If the refusal is intentional the landlord may […]
[IMPORTANT UPDATE: The law has changed since this article was published. See article on new law regarding storing tenant property.] Abandonment is an absolute relinquishment of a known right. The landlord must be prepared to prove abandonment with clear and convincing evidence. In the event of such abandonment the landlord may immediately enter and take possession of any property of the tenant found on the premises and store it in any reasonably secure place.