hello, last thursday I was illegally evicted from my apartment. I owed late fees only totalling $1000. I never received a notice from my landlord for court and planned to pay the balance Friday. My mother had pulled up and saw when they first started taking my things out. There was no sheriff there. The apt maintenance crew packed my stuff. Several of my items were taken by them before they started throwing my stuff out. TV's DVD players, DVD's. my daughters dresser with all of her clothes in it. my dinning room table and chairs, my make-up kit and most of my coats and jackets. Also jewelry and all of my business documents (birth certificate, checkbook, rental receipts) are all missing. My neighbor upstairs said she saw one of the maint guys taking my tv out before they started the eviction. I also have a picture of my dining set in maint. storage, they wont return it. The landlord couldnt show me an eviction notice when I went to the office. Do I legally have grounds to sue them?
2006-10-02 04:52:57 · 15 answers · asked by vivian M 2 in Business & Finance ➔ Renting & Real Estate
The second you were evicted you should have gone to court and applied for an emergent hearing called an order to show cause. It would have granted you immediate re-entry with police assistance, and the people who took or removed your stuff would have been arrested on the spot for theft
If by some chance they did go to court and did do this properly and you just never got the notice, the Judge would have rescheduled the matter to be heard and his clerk would have notified your landlord of the new hearing date and put a "stay" on your eviction until then.
You need to get yourself to a lawyer right now. Tell them you were the victim of a self-help eviction. You may have to pay a consultation fee, but that's about it. The rest of the fees come out of the settlement. It's easy money for the lawyer because a landlord who does a self-help eviction is 100% in the wrong and 100% liable for actual (the cost of your stuff, a new place, etc) and punitive (the trauma of the event) damages under the law.
Don't waste any more time. Get to a lawyer right now, and make sure they specialize in landlord/tenant matters.
2006-10-02 06:31:09 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
If you have been living there without an extended absence and have not received a notice of monies due, then I would go to the county sheriff's office to see if an eviction notice was done. If not, I would contact an attorney right away. Most states have certain procedures to follow about notifying you before they can evict.
If you vacated the premises because they were harassing you about the monies due them, and you made no attempt to settle it, well then they may have had the right. Not all state laws governing this area are the same.
2006-10-02 05:10:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In California you sure would. I would imagine it would be similar elsewhere. You need to be served official eviction papers but even after that, they can't take any actions against you for some time. Document everything and get an affidavit from your neighbor. Good luck!!
2006-10-02 05:00:11 · answer #3 · answered by boredperv 6 · 0⤊ 0⤋
Small claims court probably. You should not have any trouble winning if all is as you state.
The laws vary with the each state though.
I would report the checkbook as stolen to the bank and the police. That might get their attention.
2006-10-02 08:22:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is illegal for them to withhold your belongings even if you are behind on the rent. It is also illegal to evict someone without giving them 30 days written notice. This is at least the case in the U.S.
2006-10-02 04:57:14 · answer #5 · answered by Jeff C 2 · 0⤊ 0⤋
If what you said here is true and complete, you should run to a lawyer...an illegal eviction can be a real money-maker for a violated tenant.
2006-10-02 07:13:03 · answer #6 · answered by kingstubborn 6 · 0⤊ 0⤋
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2016-10-18 08:43:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Each state is different, but, I believe they all requires landlords to give tenants written notice. If it's rental office, it's hard to believe they did that. You do have a case.
2006-10-02 04:59:55 · answer #8 · answered by spot 5 · 0⤊ 0⤋
You bet you have a case! They can't do that. They have to go through the courts to evict you.
2006-10-02 05:04:56 · answer #9 · answered by k.perk 2 · 0⤊ 0⤋
yes i believe you do, depending on what state you live in.. i think they can not legally evict you or take possesion of your property without going to court
2006-10-02 04:55:55 · answer #10 · answered by insane 2 · 0⤊ 0⤋