Legal Question in Landlord & Tenant Law in Massachusetts

Tenants demanding stuff back

I've posted before. My tenant showed up at apt at 9:30pm looking for trash barrels they had left behind. As well as wanted in for some stuff in basement. My husband stated barrels were in back yard. I said no about going into apt. I said I would speak with lawyer 1st. They abandoned the apartment w/no notice and they owe me 5 mo rent.

She said she would call police.

I figured I'd leave possesions as is until we go to court. As I cannot afford lawyer we may just be Small Claims.

What should I do with stuff?

I was thinking when I got her new address. I could send letter. Stating that items would be removed on trash day and she could come and pick them up outside. Okay?


Asked on 10/22/03, 7:34 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Tenants demanding stuff back

Frustrating as it may seem, I don't think you have the right to refuse to let them have their property back; you could be liable for "conversion", which basically means keeping someone else's property without permission. Plus, there is a legal principle called "mitigation", which means that you can't leave the apartment vacant and make them pay for the time that it was vacant, UNLESS you have made a good faith effort to re-rent the apartment and can't find a tenant. You probably should consult a lawyer, somewhere, before doing anything else because it could backfire on you. Many housing courts have what is called the "Lawyer of the Day". This is a lawyer who is volunteering his or her time to provide basic help to people who don't have a lawyer but have legal problems. Go to your local housing court (it may be called the District Court) and speak with a clerk. Good luck!

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Answered on 10/22/03, 1:24 pm


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