we were never served actual filed court papers & we where not completely out when the landlady's daughter-in-llaw called the police on us and has gone through all of the remaining items, took items and then it was a free for all... I am devastated, many items are not replaceable.....
2006-09-09 03:03:13 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
take them to court they can not touch your items without first an eviction notice, 2nd you failing to comply with the time deadline and third having a court order to have you out by a certin date. you will surely win
2006-09-09 03:09:28 · answer #1 · answered by tiffany a 3 · 0⤊ 0⤋
If you were not served by an officer of the court with eviction papers then it was not a legal eviction however, if you and your husband decided to move out because the landlady told you to without those papers then what you did was abandoned the unit.The only way the police would back the landlady or her daughter in law is if they proved that you and your husband abandoned the unit. The law will not back a law breaker. They then have a legal right to put your things on the side of the street an yes people will go through and take what they want. You have little to no recourse to re-claim your things. In the eyes of the court you abandoned your home and your things. Next time don't move until after you've been served and you have gone to court. Just because you get served with an eviction notice doesn't mean you have to move. If you offer monies due then the judge will dismiss the eviction. A judge is the only one that can enforce an eviction and you have to go to court to get that ruling. Your eviction paper alwayss have time date and time to appear in court. sorry about your things. Lesson learned are alway hard.
2006-09-09 10:17:31 · answer #2 · answered by autumnbrookblue 4 · 0⤊ 0⤋
You really need to go to your local authorities. In any state, a landlord has to give you a thirty day notice of eviction, then serve it through the courts. This process usually takes 90 days. It's to protect things like this from happening. Also, she wasn't supposed to go into your apartment until you gave her the key. If you still in fact do have the key, and you are still there or your belongings are there - you can still stay.
2006-09-09 10:13:40 · answer #3 · answered by Mystress 2 · 0⤊ 0⤋
If you up and left, then as far as anyone is concerned it wasn't a "wrongful eviction". You simply moved or abandoned the property.
You need to file a theft report and make an appointment to go see a lawyer. You can file suit. Make an appointment with a landlord/tenant attorney in your area and pay for his or her advice on how to proceed so that this turns out in your favor.
2006-09-09 17:33:53 · answer #4 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Odds are you'll need an attorney. You should also follow up with the Police as soon as possible - get the names, if you can, of the officers involved in case their actions were out of line.
Even without knowing the particulars of your rights as renters, it is obviously illegal for your landord or anyone associated with him/her to rummage through your belongings and take what they like.
Get an attorney, and sue not only for what they took, but your legal fees and any other losses/expenses you incurred as a result of their actions.
2006-09-09 10:11:16 · answer #5 · answered by nyboxers73 3 · 0⤊ 0⤋
Look up your City's laws. Or talk to a lawyer.
2006-09-09 10:05:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It sounds as if the cops should have intervened if all is as you say.
2006-09-12 07:04:10 · answer #7 · answered by Barbwired 7 · 0⤊ 0⤋