What exactly is a unlawful detainer? Can one be filed on you if you move out of your apartment?

Question

I was evicted from my apartment because of non-payment of rent. I recieved papers fom my leasing agent saying that if I didn't pay the amount specified that I would get evicted. I moved out of my apartment two days laters.1 week later my landlord came to physically evict mr from the unit, but I was already out. Now my stuff was in my neighbors apartment and I was storing it there until I could move it so it was there for a few days.My landlords found out it was there and took my stuff from my neighbors apartment saying that it wasn't allowed to be there. Well I didn't go to court and it wouldn't of mattered because I wouldn't of been able to come up with the money to stay there. Now I found out from Housing Court that there was never an unlawful detainer filed against me. In Minnesota that is $350 so basically they were going to rip me off for that amount. Til this day they say I owe them that money.What I want to know is that even qualified as a unlawful detainer?

Answer 1

First off.......

The landlord had no LIGAL right to go to your nextdoor neighbors house and take YOUR belongings, No matter what state your in, The law still stands the same. They had NO right what so EVER. . . to take your belongings.

You need to go get a lawyer, & have them send your landlord a letter stating that they need to give all of your belongings back or you will take them to court. you might need to go to court to get your belongings back, but rightfully & lawfully you have the right to your posessions.

You need to tell her that you owe her a months rent, and that you will pay her the rent owed, but that you arn't going to pay her unless you get your belongings back. and if they dont give you your belongings back, then it is "payment" for the rent.

Go get a lawyer, and get it set it straight.


Get it all in wrighting.


And get your landlord where it hurts.

haha.

She was totally in the wrong, even if you paid the rent or not, she had no right to take your things, thats WRONG. and highly illigal.


Hope I helped..... :)

Contact me if you have any further questions, comments or even any suggestions!!!

Take it easy hun, and good luck!

xoxoxo

Answer 2

It's illegal for any landlord to confiscate property. If the property had been in your unit, then by law, the landlord must put it all in storage, with an itemized accounting, and pay the storage fees himself. Once all the legal matters are cleared, or any court orders are satisfied, then he's to personally go over all the stuff in storage, and let you verify that it's all accounted for. Only then can he ask you to pay the storage charges. Landlords have gotten in deep doo-doo for tossing tenants' property out on the streets. If the items were in someone else's unit, he's stealing them no matter what he may claim. The other tenant has a right to store things for whoever he likes, and the landlord has no say in that. Is this an apartment house we're talking about, or a monastery? If your friend let the landlord take your things, then HE can be considered an accomplice in the theft. He agreed to store your things for you, not to take them and then hand them over to someone else. I wouldn't call that much of a friend.

Answer 3

An unlawful detainer is an action taken in court and you must be served with a legal document to be removed from the apt.
The detainer is for the body not the furniture.
You moved, that would void the UD if it had been issued by the court, but it was not.
As for the removal of your personal items from your friends place is illegal and he trespassed to remove those personal items.
Are you sure your friend didn't let the Landlord in to remove your stuff.
If the LL trespassed, file a police report on him for theft, illegal trespass & larsony.
A LL can not come into your home without reason and 24 hrs notice...not to mention decyphering what belongs to you and what belongs to your friend.

He's wrong and he need to go to court, and you need to tell the judge about it, just because you owed him money, he can't attack you just because the rent wasn't paid.
He may even pay you offf or give you a paid in full lease for your inconvenience and losses...not to mention replace all your personal property.

get er done