JW, LLC v. Ayer and Martell

¶ 1. This landlord-tenant dispute concerns the status of tenants’ personal property, which landlord 1 cleared from the leased premises at the time a writ of possession was executed. The trial court concluded that landlord did not rightfully have possession of the property and ordered landlord to return it to tenant. Landlord argues that pursuant to statute he is entitled to retain the property, and, in the alternative, the court erred in denying his request for a writ of attachment for the property. We reverse and remand.

¶ 2. The trial court found the following facts. In February 2005,…