He's coming with two uniformed officers. He works security so he has officers as friends. Do I have to let him in? His stuff is still in my house. Can I call the police to verify that the officers with him are legit?
2006-09-11 07:01:56 · 16 answers · asked by lemonheads 2 in Politics & Government ➔ Law Enforcement & Police
He has not paid rent in 6 months. So was am holding his belongs against his unpaid rent.
2006-09-11 07:08:40 · update #1
Ok, I worked with an Apartment complex in Texas as a private security guard and often assisted the Manager with lockouts and such.
In some other state it may be different but here goes on Texas.
You can "lockout" a tenent for non-payment of rent but he is not "legally evicted" until you have gone thru the entire court process and a Judge or Justice of the Peace says he is.
During a lockout but not an eviction He still has a right to go into the apartment and is still legally considered as living there. You have to open the door and let him in. but you do not have to provide a Key.
Once the Eviction is legal he will be given a few days (about 4) to move his things out. after that he has no more right to the property. It is your right to request Officers to be present when he comes to claim his things if you believe he may cause trouble.
As to holding on to his things. there is a thing called "Contractual Lien" and it entitles you to hold on to certain property of his until he pays you what he owes you. Now you can only hold on to certain things. some things cannot be taken from the rightful owner. Usuaally what you can hold onto is things considered to be luxury items and not necessary items. You can hold onto his entertainment system but not his clothing for example. And only such things that are estimated up to an equal amount to what he owes you. After 30 days and he has not paid you and claimed his stuff then they are considered forfeit and you can do with them what you will.
You need to make sure the "Contractual Lien" was a part of the written lease agreement before you do anything like that. also consult with an attorney about the specifics of what I just said. I may be off in some fine points but thats the basics.
Also once everything is said and done. get a criminal tresspass done against him for your property. It is good for 1 year and if he so much as sets foot on the property during that time and someone reports him, a warrant will be issued for his arrest. Follow up with the police department to make sure the officer follows thru on the criminal tresspass. Quite often the Officer will tell the person he is criminally tresspassed and will not actually file the report (He assumes the verbal warning will be enough to deter the person from coming back and will skip doing the actual paperwork) If the guy comes back and you call the police on the tresspass they will look up and not find any record of the tresspass. During my time as security I have had several incidents where people who have been criminally tresspassed in my presence have come back but the police show no record of it due to no paperwork being filed.
hope this helps and again... verify all this with a lawyer for I may be off in some specifics and you dont want to get in trouble.
2006-09-11 07:55:57 · answer #1 · answered by CG-23 Sailor 6 · 1⤊ 0⤋
I don't know of any state in which you can legally hold a tenant's personal items against rent. Even if you could, this is not the way to do it, in ANY state. That I am sure of.
You need to put his stuff on the curb. Most states say that you have to make it accessible to the tenant for a set amount of time (24-72 hours usually) and then you can dispose of it. Allowed methods of disposal vary, but they are usually not even specified.
To keep yourself out of a legal headache, I would call the eviction court. Usually, if a tenant still has stuff in the apartment they are technically still in possession of it. Most states will send out someone from the sheriff's office to make everything official, and they will have you place everything on the curb.
You CANNOT just decide to keep it though against his rent.
2006-09-11 07:31:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
the best thing to do is give him his gear back-next time he comes round with his "freinds" is a good time-just turf it out the door while he's standing there!!-you cannot legally keep what is not yours (some of that stuff may be borrowed from other people) -if he owes you rent money you have to sue in the small-claims court. they will then decide what is what and if he does not pay they will make an order for forfeiture of his goods and sheckles to settle any outstanding debt. once this is done-if they re-appear take the numbers of the police officers present and tell them they are not acting within the boundarys of the law (this is a civil matter) and if they come round again without legitimate reason you will report the matter to their superiors-the very act of taking a policemans number usually means you mean business-so you ought to see the last of them (but first check they are legitimate police officers) -and if his freinds dis-appear then he will. good luck.
2006-09-11 10:09:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, you can call the police to verify the officers are legit. Put his stuff out on the porch then he will have no reason to come in and if he keeps bothering you, get a restraining order
2006-09-11 07:04:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You call the police, do not let him in, YOU arrange for the Police to be there with you....get all his stuff to together and put it by the front door...don't leave it outside, cause someone could steal it, and then you'd be in more trouble....you might have to get a restraining order if he doesn't leave you alone...he acts like he's running the show, and he's not. Be safe, and call the Police....
2006-09-11 07:13:52 · answer #5 · answered by Kerilyn 7 · 0⤊ 0⤋
Of course you can call to verify their legitimacy. Are you keeping his belongings against unpaid rent? If you are, and you gave the proper legal notice, he shouldn't be coming around. If not, give him his stuff and say good riddance.
2006-09-11 07:03:59 · answer #6 · answered by MOM KNOWS EVERYTHING 7 · 1⤊ 0⤋
I would call the police, don't forget to get the officers badge numbers!
You should take all of his property and put it in boxes or bags, set up a time for him to come and put it on the porch for him to pick up. You do not have to let them in unless they have a court order!
2006-09-11 07:04:50 · answer #7 · answered by paganmom 6 · 0⤊ 0⤋
I would call the police department. If he is no longer a tenant, I do not believe he is entitled to enter your house. I would tell him that you will put his stuff outside so he can pick it up. Set a date and time, etc. You do not want to be taken to small claims court for holding his things.
2006-09-11 07:05:09 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Pack his stuff and give it to him outside the door. A security cop is not a REAL cop unless they are "moonlighting". Give him his stuff so he doesn't have a reason to come back.
2006-09-11 07:04:36 · answer #9 · answered by Paul H 6 · 0⤊ 0⤋
Face it, you will never get any of "your" money out of this person.
You also will have no peace until you accept this and let them have their stuff and get on with your life.
Nothing is more miserable than those that choose to dwell in negativity.
2006-09-11 07:28:55 · answer #10 · answered by Chronic Observer 3 · 0⤊ 0⤋