Disposing of Tenant Property After Lawful Eviction Isn't Conversion

August 20, 2019

What Happened: When the tenant and surety didn’t show up for the eviction proceeding, the court awarded the landlord default judgment. The landlord then sent the tenant and surety notice to collect their personal property and disposed of the stuff when they didn’t respond after seven days. Only then did the tenant and surety reemerge to sue the landlord for conversion—that is, taking unlawful possession of their property.  

What Happened: When the tenant and surety didn’t show up for the eviction proceeding, the court awarded the landlord default judgment. The landlord then sent the tenant and surety notice to collect their personal property and disposed of the stuff when they didn’t respond after seven days. Only then did the tenant and surety reemerge to sue the landlord for conversion—that is, taking unlawful possession of their property.  

Decision: The Delaware court dismissed their damage claims without a trial.

Reasoning: The landlord did nothing wrong. The eviction was lawful; the notice to retrieve the personal property was provided in accordance with the terms of the lease; and the landlord waited the seven days required by state law before taking possession. The landlord was thus justified in concluding that the property was abandoned and disposing of it without providing further notice.  

  • Tigani v. C.I.P. Mgmt., LLC, 2019 Del. Super. LEXIS 346, 2019 WL 3322409

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