I am renting a building from a private owner and I run a restaurant, I was in the process of moving to another reidential home with my family and did not open the retaurant for about a week , at this time i was 5 days late on my rent, and my landlord went into the restaurant without my permisson and change the security code on the security sytem, and ent through all of my property inside the restaurant,she told me if i don't pay her the rent and repair some damage she's accused me off that i have to vacate her building by the end of the week and she'll take all my property to cover the rent and damages,I paid 2 months security deposit, I have over $50,000 worth of appliances and furnitures in there, plus all my food stuff, I can't even open up for business. I willl pay her the rent and the late fees, but is it legal for her to go in without my permission and change the security code and not give me the passord, I have always paid her the rent, can she evict me without going to court?
2006-12-12 17:57:59 · 10 answers · asked by marge 1 in Business & Finance ➔ Renting & Real Estate
I am in NY state, my contract doesn't say anything about eviction. It says if i'm late I have to pay $20 per day for everyday that I am late.
2006-12-12 18:08:17 · update #1
Your landlord generally cannot do that. Most states require formal eviction proceedings, even on commercial properties.
Just go back in. Let the alarm sound -- yank the wires to the annunciator if it bothers you. When the cops show up, just provide proof that you're there legally. Call the alarm company and have them reset the security system with a new code.
Then call your attorney. You may want to consider filing crimminal trespass charges against the landlord to get her attention. And send her a bill for any costs you incur with the alarm company, locksmith, etc.
2006-12-12 21:27:25 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 0⤋
its all in your lease and the common law in your state. some can some cant. if she is responsible for the maintenance in the building then she has right of entry usually. 5 days late is a little harsh to be trying to evict someone. to get you to leave she should go through a eviction process and it can be as little as three days. the security code changing is a little different she cannot keep goods that you own. even if she does evict you she cannot keep them by law they are yours. so might be time to change buildings if you can just because this will happen again. and make sure you document everything that is yours in the place and take pictures and get serial numbers and well as much info as you can in case something does happen.
2006-12-12 18:03:23 · answer #2 · answered by gsschulte 6 · 0⤊ 0⤋
No - the landlord needs a court order to get an eviction and then you would get 30 days. They cannot take property for rent. Suggest you get a lawyer who will get you an injunction.
2006-12-12 18:07:36 · answer #3 · answered by execglenn 2 · 1⤊ 0⤋
in my experience as an apartment manager she needs to post a notice giving you 3 days to pay the rent, then if still not paid, give you 30 days to vacate, even in a contract they still have to give you adequate time, check local laws , then sue.
2006-12-12 18:09:53 · answer #4 · answered by zorro1701e 5 · 1⤊ 0⤋
It depends on the state. I know in Michigan they can't but in Nevada they can. Google eviction proceedings in your state.
2006-12-12 18:00:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, that is completely illegal to change the security code without your permission. However, she can evict you without going to court, as long as she notifies you beforehand.
2006-12-12 18:09:13 · answer #6 · answered by jhall20032003 5 · 0⤊ 2⤋
she can evict you.. it's her property.. if you miss payment she can give you a warning.. and then a "insert number here" days notice.. go find your contract.. it should all be in there
2006-12-12 18:00:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no..they have to evict u first..everything has to be done thru the court first
2006-12-12 18:00:59 · answer #8 · answered by sheri s 2 · 0⤊ 0⤋
It is not legal in this state, in fact you could sue her.
Get an attorney--first thing tomorrow.
2006-12-12 18:00:26 · answer #9 · answered by maamu 6 · 0⤊ 0⤋
yes with proper notification not without notifing, you that is illegal.
2006-12-12 17:59:41 · answer #10 · answered by NEVAM8DHONORLL 2 · 0⤊ 0⤋