Residential Leases

Be VERY careful in exercising a Landlord Lien in the Residential context....

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To secure the payment of rent for any residential dwelling,  the landlord  has a statutory lien on nonexempt property found in the tenant's  dwelling or  stored by the tenant in any storage room. Exempt property is defined as (1) all  wearing apparel; (2)  all tools, apparatus, and books belonging to any trade or profession; (3)  school books; (4) one automobile and one truck; (5) family  library and all family portraits and pictures; (6) household furniture to the  extent of one  couch, two living room chairs,  and dining table and chairs; (7) all beds and bedding; (8) all kitchen  furniture and utensils; (9) all food and foodstuffs; (10) all medicine and  medical supplies; (11) all goods known by the landlord or his or her agent to  belong to persons other than the tenant or other occupants of the dwelling; (12) all goods known by the landlord or his or her agent to be subject to a  recorded chattel mortgage lien or financing agreement; (13) children's toys  not commonly used by adults; and (14) all agricultural implements. The exemptions may not  be waived or diminished by a provision of an oral or written rental agreement.

Although the statute provides for the landlord's lien, it  expressly  prohibits self-help by making it unlawful for the landlord to seize  any  nonexempt property, unless seizure is authorized by a written lease and it  can be accomplished without a breach of the peace. 

The landlord is further restricted in the use of self-help by the  prohibitions against interrupting utilities paid by the tenant and  willfully  excluding the tenant from the premises in any manner other than by  judicial  process. The ``willful exclusion'' ban  limits the effectiveness of the practice of changing the locks on the house or apartment since a new key must be furnished regardless of the tenant's  payment  of rent.

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Email:  Darrell W. Cook

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