My daughter and her friend were renting a house. The rent is due on Oct.7.They had problems with the LL and her daughter entering the house any time they wanted. They rent on a month to month and were not going to stay much longer. They began packing some of their things and were looking for a new place to stay. Yesterday morning they went to visit some relatives and when they returned last night all the locks were changed. They have been locked out and ALL their belongings are still in the locked house. The LL claimed that she was afraid that they were going to leave without paying rent. If they return to the house ,she expects them to allow her to have the only key and she will let them in and out, but they can't remove any of their items.
2006-09-28 23:39:09 · 13 answers · asked by unforgettable_1 3 in Family & Relationships ➔ Family
I called the LL and told her that what she done was illegal. She said that she didn't care. She thinks that because these girls are 19 and 20 they have no legal recourse. She told me on the phone that she can afford a lawyer and they can not. She also told me that she will tell a lawyer that the girls were taling things of hers out of the house, and that is not true in the least.
By the way, the LL is my husbands sister.
2006-09-28 23:53:11 · update #1
That was suppose to be "taking things" not "taling things"
2006-09-28 23:54:40 · update #2
Denise,
I gave you step by step instructions on what to do in the renting & real estate section. My office deals with this situation all the time.
If you follow the steps I outlined for you, your daughter will get substancial monetary damages and her landlord will be taught the lesson of a lifetime.
The most your daughter will have to pay for is a consultation and perhaps a filing fee. Illegal entry and detainer cases are handled on a contingency basis because the landlords conduct is 100% against the law, and a lien can be placed against the property itself in case the landlord cannot afford to pay the judgment. It's about as guaranteed a winner of a case as a lawyer can get.
Your sister-in-law is in for the suprise of a lifetime. She can get all the lawyers in the world, but all they are going to be able to do for her is negotiate a settlement in favor of your daughter, lol.
Once your daughter gets the order to show cause (all explained in my other answer), the nail is in the coffin for your sister-in-law.
Get your daughter to court first thing this morning, and don't go back to the house until you have the order in your hand. The police are NOT going to help you until AFTER you have a signed order.
2006-09-29 01:32:44 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
What you have her is a landlord that has illegally seized a tenants belonging before the month (october 7) day has arrived. By doing so she has commited a misdemeanor. The landlord can not enter a residence without the tenants permission and certaintly can not change the locks on apartment doors if the tenants rent is late even then the landlord would have to small claims things. ****FILE a report to the POLICE OR SHERIFF ---LANDLORD has done an illegal seizure and search of the rented apartment*** This is against the law!!!
Seek legal counsel. OR....show up with a POLICE OR SHERIFF to retrieve their belongings. Does your daughter and friend have proof they paid Septembers rent? Did they each give a 30day notice of their intent to move out by October 7th? If they have proof of the month to month tenancy via a receipt of written agreement.....the Sherrif or Police should be able to let your daughter into the apartment to secure her possessions and move them out. The landlord is illegally holding your daughter possessions as hostage and this is against the law!!!
2006-09-28 23:50:01 · answer #2 · answered by aunt_beeaa 5 · 0⤊ 0⤋
It is against the law to lock anyone out of a hosue they are renting, especially if the rent is not even due yet.
It is also illegal to keep someone's property away from them.
The LL has no right to impose how many keys to a property is owned by the tenant. The tenant rents a property, to live in as their home and the rules they are enforcing are ridiculous at best. Seek legal advice and call the police to gain entry into the property and retrieve their belongings
2006-09-28 23:43:57 · answer #3 · answered by Leiani 3 · 0⤊ 0⤋
In most states, even if the rent is due, without a court order the landlord cannot keep your belongings without a court order. If they rent is not due yet contact the landlord and also ask the police to come. The police will be there to keep the peace, nothing more but they act as witnessess too. The police will make sure the landlord does not interfere with removal of your belongings.
2006-09-28 23:44:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the rent is not overdue, then the LL has broken the law! Call the police to retrieve her belongings!
2006-09-28 23:42:14 · answer #5 · answered by rebecca_sld 4 · 0⤊ 0⤋
Tell your daughter and her friend to agree. And then at around 3am, get them to quickly get their things together and run with their stuff. If that isn't a good idea, then I think that you should get involved. Approach the lanlord and tell her that this is not in their contract and she has teir month's rent and they can come and go when they please. Then if she is not happy with this then threaten to take her to a small claims court, like Judge Judy. Then watch her squirm!
2006-09-28 23:45:33 · answer #6 · answered by susanradford18 4 · 0⤊ 0⤋
if they are on the month to month lease ,and are current with their rent and have given the landlord 30 days notice of vacating ...the landlord cannot hold the key and their possessions hostage...the police can get them back in and make the landlord give them the key,if all the conditions I mentioned above are met, also see an attorney who specializes in tennants rights....investment property owner
2006-09-28 23:47:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Call 911 and ASK for advice dont rush on them.
Call house Rental association if u got any in your country.
or you can pay the rent and get rid of that bitchy Landlord.
2006-09-28 23:41:48 · answer #8 · answered by Fishi 3 · 0⤊ 0⤋
Do they have a contract? If they do, go to the police with it, and tell them the situation.
If not, hire a lawyer to mediate between the LL and them.
2006-09-28 23:41:58 · answer #9 · answered by allforasia 5 · 0⤊ 0⤋
not allowed to kkep items from them, call the police and explain the situation.
2006-09-28 23:43:36 · answer #10 · answered by Angry Insightful Black 3 · 0⤊ 0⤋