My landlord took me to court so he could legally evict me from his premises.?

Question

So my eviction was for Sat., Oct. 15, 2006 @ midnight. Around 1:00p.m. that Sat. I came home to 6 people, the landlord, his 2 old enough daughters, step-son & his wife, as well as his friend, who happened to make false reports to C.P.S. on me because I waited for legal eviction, all in my trailor. I had been gone apprx. 2 hrs. I walked up to the deck only to get screamed @ like they were on Springer. I called the police & found out they not only had to of broke in but they changed my locks as well. The officer made them change it back w/ verbal notice I had til midnight. I had countless items missing but the $373.00s that I had hidden in my closet was gone. I couldnt do a thing about it then. Do I have rights?

Answer 1

File a police report for the theft immediately.

Your best course of action is to hire a landlord/tenant attorney who can also file a claim for the illegal self-help eviction that they did, and include the missing items and money with that claim, but you will still need the police report for the theft.

When you start calling lawyers, make it short and sweet. They don't need all the additional details. Say "There was a lockout scheduled for midnight on the 15th. I came home at 1:00 pm to find my landlord, his family and friends had broken in and changed my locks. They were rummaging through my stuff and I am missing cash as well as many items. I called the police who made them change the lock back and told them not to come back again until midnight."

After your landlord is served, he will probably file a counterclaim for the rent that you owe, which is his right. He had no right to break in and help himself to your cash and belongings. That is against the law.

Many states award tenants who were the victims of self-help evictions substantial damages. You weren't locked out for very long, but the fact that they were in there helping themselves to your stuff like kids in a candy shop will help your claim.

The fact that you owed him rent does not give him permission to break the law.

Answer 2

File a police report on the missing items. There is a reason Landlords have to go to court to remove unwanted tenants, if they try to do it them self any thing that comes up missing is the Landlord's fault (rather the took it or not). When a person is evicted the police comes to the house and removes the items.
*P.S: Just because you have a problem with the Landlord not fixing something, you are still responsible for the rent. So if you are two months behind when you go to court, you should have that money in a bank account and be ready to pay up.

Answer 3

If you were a legal tenant it is basically the law that only the law can move your things. And this only after due process. (Court Order, Service of Official Notice etc).

If these steps haven't been followed your rights may have been
abused.

You may owe your landlord for rent, court costs & other costs

You may have something due you from the landlord for his actions. If he broken in to your home as it seems it still was yours at the time he entered.

He has a claim against you & you may have a claim against him for breaking & entry & for things that are missing.

He made his claim, You make your claim to the police about his breaking & entry.

Maybe what will happen is that you both drop your claims against each other & walk away. But you have to go through with your claim.

Answer 4

I am not sure about tenant's rights where you live, but where I live, if a landlord enters your property without giving you sufficient notice (24 hours), they are actually guilty of at least trespass, at worst breaking and entering.

Some places in the world do favour landlord's over tenants though. If I were you I would seek some legal advice - there may be a legal centre in your area that provides pro bono services if you can't afford a lawyer.

Answer 5

You can take your landlord to court. Breaking in and changing your locks is not legal. You called the police so you have evidence on your side. I don't know that you'll get exactly $373 back because you don't have proof of the amount, but you should get something because your rights were violated.

Answer 6

Well,I got evicted too,but I told my landlord go see my payer for it,because they only gave me the minimum they could i think. They said they threw everything out. So I left,and was picked up a few hours later,and was dropped off at a shelter system in the area,bases with a 60187 zip code,where I get mail sometimes.

Answer 7

file a police report....take him to small claims - most courts have days specific to landlord tenant issues. Laws favor the tenant (even bad ones) so when the landlord breaks state law (i.e. entering w/out permission/changing locks/ etc.) the judge gleefully awards the tenant damages......

You have rights, but you have to exercise them. You probably can't prove that he stole the money - but you might get it back in the form of a penalty awarded by the judge....go for it.

Answer 8

gazing the state you won't be waiting to do the two of the above. in MI you may desire to offer them 30 days after submitting eviction, or perhaps then you definately might desire to get a sheriff to return to eliminate them, you won't be able to alter locks, take stuff or placed stuff outdoors. Its a tricky lesson to learn by way of fact the guidelines supply them greater appropriate on your place than you have. under no circumstances hire out a room on your place to anybody you don't be attentive to and believe thoroughly, even then have a hire contract.

Answer 9

see a lawyer - tentants actual have more rights than landlords they can't enter you home. you should file charges against them and take them to small claims court for damages and missing property. it they are evicting you for not paying rent in most states if you make even a small payment then they can not evict you.

Answer 10

you can hire a lawyer or get a public defender....but to get evicted you didn't pay your rent for a few months so you are money ahead..forget it and get another place to live..the judge may have made you pay court costs and landlords attorney fees...its best to abide by the law..respect contracts...pay your rent on time and live a quiet life.
When landlords lose their temper its because they depend on the rent money to pay their bills....if you don't pay them..they are overdrawn and have no food for their kids..they then get angry.....its understandable.