While gone to visit relatives, my daughter and her friend were locked out of the house they were renting. All of their belongings are still inside. The Sheriff will not go with us to retrieve their things because it is a civil matter. What should they do?
2006-09-28 23:14:31 · 8 answers · asked by unforgettable_1 3 in Business & Finance ➔ Renting & Real Estate
They had some of their things packed and were looking for a new place to go. The LL claims she is afraid they are planning on leaving without paying the rent, which is not due until Oct. 7th, LL entered the house while they were gone and saw they had some things packed.
2006-09-28 23:23:43 · update #1
They had only gone to visit relatives for the evening, Rent was not due yet. LL is crazy.
2006-09-28 23:27:34 · update #2
What the LL is doing is 100% illegal. They are paid up. Why was the LL even in their rental anyway? Did he call ahead? This is what you need to have her do. She needs to go right this very second to the court office and file a small claims for $35 or so. Then here is a nasty trick. While in that office she needs to file a LIEN ON PROPERTY. Each state has it's own laws. Google to find yours. This lien will not allow him to sell or advertise the property until he goes to court with your daughter. This will get his attention and MAKE him take action. Good luck to your daughter. Sounds like she has a lock solid case. No pun intended.
2006-09-28 23:34:26 · answer #1 · answered by devisissy 3 · 0⤊ 0⤋
You must go to court first thing this morning and request an emergent hearing called an "order to show cause". Tell the clerk that you have been the victim of "an illegal entry and detainer" or an "illegal lockout".
The Judge will order the landlord to hand over a key. If he doesn't do this willingly, you will get an order allowing police force to be used for you to gain re-entry.
Then you need to get a landlord/tenant attorney asap. The lawyer will be able to get damages for you. Make sure they specialize in landlord/tenant matters .
You may be able to file a trespassing complaint against the landlord also for entering without notice yesterday. And you may be able to have him arrested for locking you out. The lawyer will tell you exactly what steps you need to take.
Our office handles lock-outs, and each and every time we have won some major cash for the tenant.
2006-09-29 08:13:54 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
I just went through the same thing recently, your daughter needs to go to legal aid in her town. Legal aid will print up all the papers and she will have to take them to a judge the judge will grant you access because it was an illegal lockout the court will tell you to send the landlord a copy of the papers legal aid gives you and they will send the land lord a court date at this court date the judge will inform the laandlord that they have to let you back in until they take you to court for non payment and you can sue for wrongful eviction.Good Luck!
2006-09-29 06:43:08 · answer #3 · answered by bouncey1yeah 2 · 0⤊ 0⤋
It is civil matter I think ....
and you already said they were looking for new places....
Sounds they were behind paying rent and/or breaking lease agreement.
I wouldn't say that LL could do this, unless if they were not current on rent. regardless of that, i think its civil matter. She can always sue LL if she hasn't done anything wrong.
2006-09-29 06:59:47 · answer #4 · answered by Ted 4 · 0⤊ 0⤋
They will just have to wait and go to court to retrieve their things. They should have paid the next rent payment before they left. It will be up to the judge to decide if they get them back or not. Their wages may be garnished to pay for the rent they owed too.
2006-09-29 06:23:13 · answer #5 · answered by Just Bein' Me 6 · 0⤊ 1⤋
has your daughter paid in her september rent? if so she say to the (LL) let me back in or give me my cash back . this is the problem with renting there is a lot of rip off goin on . (LL)
2006-09-29 06:27:44 · answer #6 · answered by Anonymous · 0⤊ 1⤋
that's a bit of a pickle good luck with that
2006-09-29 06:22:42 · answer #7 · answered by Surfer_69 2 · 0⤊ 0⤋
it is a civil matter.. however... and don't quote me on this... they can file charges for holding property hostage... wat is the reason for the lock out???
2006-09-29 06:18:17 · answer #8 · answered by Jorge R 3 · 0⤊ 0⤋