How may the lien be enforced?

The landlord must first have a claim for unpaid rent from the tenant. The landlord may then enter the unit at a reasonable time and in a reasonable manner and take the property that is covered by the lien. The value of the seized property should not exceed the amount of the lien. Do not seize "exempt property." If the landlord substantially interferes with the tenant's right to reasonably occupy and enjoy the unit, the lien is forfeited and the tenant may have an action against the landlord for damages. If the tenant has vacated the unit, the landlord must give the tenant access to the unit at any reasonable time and in a reasonable manner to remove any property not covered by the lien.

If the amounts due are not paid within 30 days, the landlord may begin a personal property foreclosure action. The landlord must file a foreclosure action within 60 days from the date the claim arose or forfeit the lien and possibly become liable for damages for wrongfully withholding the tenant's property. A landlord that prevails in the foreclosure action may then sell the seized property at a public auction after giving ten days notice of the sale in the local newspaper. Any proceeds from the sale must be used to pay the lien, with any excess returned to the tenant.

Show All Answers

1. What property is covered by the lien?
2. What is the amount of the lien?
3. How may the lien be enforced?
4. What can the landlord do if the tenant abandons property?