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Tenant Move in/out fees

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Unknownuser42

Junior Member
What is the name of your state (only U.S. law)? California

Here is the situation. I rented to a tenant and they moved out and left a large couch, large table and a propane grill pit. Combined value is less than $300. In the rental agreement that they signed at the start of their lease it stated "Bedroom is not furnished. Tenate may move in an air mattress, other incidentals (toiletries, etc), lamp, small bed side cabinet. If additional larger furniture is wanted tenate must inform landlord and pay move in/out fee. If tenate does not get permission they are responsible for paying resultant fine given by HOA." additionally the lease specifies that they will comply to all the HOA, rules, bylaws and CC&Rs. The HOA documentation states "Owners and tenants shall give 24 hours notice to the property management company to allow for padding of elevators, etc. If any damage is caused to the common area during moveing, the homeowner of record at the time of the move will be held responsible for the costs of repairs and/or replacement. If the Management Company is not notified of the move-in, the unit owner is subject to an assessment of a fine." it goes on to say "There is a $200 move-in fee assessed to homeowners. When tenants move in, the homeowner will be billed the $200." I have contacted the HOA and they specified the fee needs to be paid to move these large items out.

Question: Am I legally able to withhold their belonging till they satisfy the lease and pay the fee?

Thanks in advance.
 



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