法律英语：47 Landlords and Tenants

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Today I will answer a question that touches upon several legal topics including landlord/tenant³, fixtures⁵, legal rights to chattel⁶, and small claims court. Jade⁷ from Cambridge, Massachusetts wrote:

On my moving day August 31st this year, I had to leave my dryer⁸ (one in good working condition) at the rental⁹ apartment I was moving out of. The truck I used for the move was too loaded to take the dryer along. I said to my roommate then that I will return to pick up the dryer a few days later. She agreed. Since September, she has ignored almost all my email and phone messages regarding my pick-up requests of the dryer. The one reply I received from her says that I should've picked up the dryer the day after the move. I have also emailed the landlord about it and he ignored my email as well. (My previous roommate and the landlord are good friends with each other.) I do not owe any rent or bills on the apartment. Is it legal for my previous roommate to not release my dryer just because I didn't move it out on moving day or the day after? What legal steps could I take to get my dryer back without having to spend more money than the value of the dryer?

 
Sorry you have had to go through this Jade. This question touches upon several legal topics. A preliminary issue is fixtures. A fixture⁴ is personal property that is attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home. Normally, if a tenant attaches a fixture to rental property, and it cannot be removed without damaging the property, then the tenant cannot take the fixture with him when he ends his tenancy. A dryer is not generally considered a fixture because it can be easily detached from the property and moved. So, the law of fixtures is not implicated¹⁰, and the dryer is treated like any other piece of personal property.
 
The next issue is whether Jade abandoned her property in the rental unit when she left. Normally, any personal property left behind in a rental unit after a tenancy terminates becomes the property of the owner. However, if the tenant communicates an intent to return for the personal property, then the property has not been abandoned. Jade did not simply abandon the dryer. She told her roommate that she would return for it, the roommate agreed, and so Jade did not abandon it to the roommate. The landlord might argue that Jade abandoned the property because she never informed him that she would return to take the dryer. This argument would likely fail because Jade did express an intent to return for the dryer, and abandonment requires a strong showing of an intent to wholly and permanently¹¹ divest¹² oneself of property. Further, if the property is still being rented, then the landlord does not have a current right to enter the unit and take property anyway.
 
So, the dryer is not a fixture, and was not abandoned. So, the situation is one where the roommate is currently interfering¹³ with Jade’s possession of her property. What the roommate has done is not legal.
 
The remedy: try writing letters first. If your email attempts have been unsuccessful, it might be worth it to write an actual letter to your former roommate and the landlord, and CC it to your lawyer. Politely express in the letter that this is your last demand, and that the next step is court. That will communicate that you are serious, and will also create a nice paper trail.  
 
If those letters do not work, sue for conversion¹⁴ in small claims court. Conversion is a tort that generally means someone took something from you, or has interfered¹⁵ with your ability to get to something you own. Here, the roommate has converted the dryer to his own, and has no valid¹⁶ defense¹⁷. A small claims court action is effective for several reasons. First, in most states, it costs nothing or very little to file a small claims action. Second, in most states, attorneys are not allowed in small claims court, so there will be no legal fees, and the former roommate and landlord cannot sick their high-priced lawyers on you. Third, an actual court action often wakes people up and forces them to play nice. Right now, it is easy to ignore emails. When your former roommate gets served with a court action, it becomes more difficult to ignore.
 
Good luck Jade.      
   
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁸ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.
 
You can send questions and comments to。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
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1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 tenant   

n.承租人；房客；佃户；v.租借，租用

参考例句：

• The tenant was dispossessed for not paying his rent.那名房客因未付房租而被赶走。
• The tenant is responsible for all repairs to the building.租户负责对房屋的所有修理。

4 fixture   

n.固定设备；预定日期；比赛时间；定期存款

参考例句：

• Lighting fixture must be installed at once.必须立即安装照明设备。
• The cordless kettle may now be a fixture in most kitchens.无绳电热水壶现在可能是多数厨房的固定设备。

5 fixtures   

（房屋等的）固定装置( fixture的名词复数 )； 如（浴盆、抽水马桶）； 固定在某位置的人或物； （定期定点举行的）体育活动

参考例句：

• The insurance policy covers the building and any fixtures contained therein. 保险单为这座大楼及其中所有的设施保了险。
• The fixtures had already been sold and the sum divided. 固定设备已经卖了，钱也分了。 来自英汉文学 - 嘉莉妹妹

6 chattel   

n.动产；奴隶

参考例句：

• They were slaves,to be bought and sold as chattels.他们是奴隶，将被作为财产买卖。
• A house is not a chattel.房子不是动产。

7 jade   

n.玉石；碧玉；翡翠

参考例句：

• The statue was carved out of jade.这座塑像是玉雕的。
• He presented us with a couple of jade lions.他送给我们一对玉狮子。

8 dryer   

n.干衣机，干燥剂

参考例句：

• He bought a dryer yesterday.他昨天买了一台干燥机。
• There is a washer and a dryer in the basement.地下室里有洗衣机和烘干机。

9 rental   

n.租赁，出租，出租业

参考例句：

• The yearly rental of her house is 2400 yuan.她这房子年租金是2400元。
• We can organise car rental from Chicago O'Hare Airport.我们可以安排提供从芝加哥奥黑尔机场出发的租车服务。

10 implicated   

adj.密切关联的；牵涉其中的

参考例句：

• These groups are very strongly implicated in the violence. 这些组织与这起暴力事件有着极大的关联。 来自《简明英汉词典》
• Having the stolen goods in his possession implicated him in the robbery. 因藏有赃物使他涉有偷盗的嫌疑。 来自《现代汉英综合大词典》

11 permanently   

adv.永恒地，永久地，固定不变地

参考例句：

• The accident left him permanently scarred.那次事故给他留下了永久的伤疤。
• The ship is now permanently moored on the Thames in London.该船现在永久地停泊在伦敦泰晤士河边。

12 divest   

v.脱去，剥除

参考例句：

• I cannot divest myself of the idea.我无法消除那个念头。
• He attempted to divest himself of all responsibilities for the decision.他力图摆脱掉作出该项决定的一切责任。

13 interfering   

adj. 妨碍的 动词interfere的现在分词

参考例句：

• He's an interfering old busybody! 他老爱管闲事！
• I wish my mother would stop interfering and let me make my own decisions. 我希望我母亲不再干预，让我自己拿主意。

14 conversion   

n.转化，转换，转变

参考例句：

• He underwent quite a conversion.他彻底变了。
• Waste conversion is a part of the production process.废物处理是生产过程的一个组成部分。

15 interfered   

v.干预( interfere的过去式和过去分词 )；调停；妨碍；干涉

参考例句：

• Complete absorption in sports interfered with his studies. 专注于运动妨碍了他的学业。 来自《简明英汉词典》
• I am not going to be interfered with. 我不想别人干扰我的事情。 来自《简明英汉词典》

16 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

17 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

18 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。