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How do I go about resolving a furniture dispute with my Tenant?

My tenant has, (at least I am pretty sure of this), sold off some of my smaller pieces of furniture and claims he doesn’t know what happened to it.  How do I go about recovering these items?

 

Answers (1)

When a landlord and tenant agree to the terms for the rental of property, a tenancy is created.  The agreement between the landlord and tenant governing the tenancy is called a lease or rental agreement.  This agreement should be in writing and spell out all of the terms agreed to and signed by all parties involved.  Rental agreements for furnished dwellings should contain a detailed inventory of furniture or other personal property, along with a description of the condition of each item.  It is advised that your rental agreement clearly state the liability or loss of any landlord owned furnishings.

One of the obligations of the tenant is that they must comply with the rental agreement.  If the rental agreement clearly states that the landlord owned the furniture in question, then the landlord may have a legal right to take action against the tenant.  One remedy may be to take the tenant to small claims court providing the cost of the furniture is less than $5,000.

The laws governing landlords and tenants vary in each state.  It’s recommended that you check the laws of your state.  If the tenant fails to perform his/her duties, the landlord may seek to evict the tenant.  However, in an effort to settle the dispute quickly, the landlord and tenant may agree to mediation.  This can be requested by either landlord or tenant and may be available without charge from city or county agencies.  Seeking arbitration may be another option requesting a neutral party settle the dispute.  The process is quick and inexpensive and the administrative fee is share equally unless otherwise allocated by the arbitrator.

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