My cousin lives in California.
She was transfered from here when her job asked her to move and it all seemed like a good opportunity for her.
Since then they (the company) downsized and it left her in a financial mess.
She fell behind on her rent this month (first time in almost 2 years) and by the 10th, the landlord changed the locks with her belongings inside.
When she tried to see if the police would at least let her get her clothes, they said it was a civil matter and it would have to be handled in court.
The family has wired her money to stay at a motel for a few days and she plans on driving back to Ohio to live with relatives.
Can a landlord just take her stuff like that? It amounts way more than what she owed in rent.
2007-03-14 06:05:46 · 8 answers · asked by Kari 4 in Politics & Government ➔ Law & Ethics
Some say for her to look at her lease.
The irony is that her copy of the lease is in a file cabinet... in the apartment.
2007-03-14 06:46:25 · update #1
A landlord cannot lock her out of her apartment without a court order of eviction. She should inquire whether or not he has one (or she could check the court records). If he does not, she can get an immediate temporary restraining order enjoining him from further interfering with her right to obtain her property. If she has no money she should go to legal aid. They will help her.
2007-03-14 06:10:30 · answer #1 · answered by Anonymous · 2⤊ 0⤋
A landlord may not hold personal items against a debt. That's illegal. If he has a court order for an eviction, he can lock the person out of the apartment.
2007-03-14 06:31:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She didn't fall behind on her rent, She hasn't paid rent. My father is a landlord and he deals with delinquents all day. It depends on the print of the lease, but generally you notify the renter and I think it is 30 days they have to pick up the items and then after that they can do what they want with it. I think it various by state.
2007-03-14 06:16:06 · answer #3 · answered by InTheWright 3 · 0⤊ 0⤋
It is absolutely illegal for the landlord to hold a person's belongings and thus prevent her from moving out. It's called "unlawful detainer", and the cops were wrong. It is the back rent that is a civil matter, not possession of her goods. She has the right to those.
2007-03-14 06:18:20 · answer #4 · answered by oimwoomwio 7 · 1⤊ 0⤋
You'd figure that someone living in California would know this. Did she read the lease contract? Like it or not, the leaser doesn't care if you lost the job or not, just the rent payment. The collateral for the payment or the broken lease agreement is your property or payment.
2007-03-14 06:19:28 · answer #5 · answered by ? 3 · 0⤊ 1⤋
Typically a landlord can't, but each state has different laws, one thing I would reccommend to your cousin is to read her lease agreement, it's possible that there is a provision in there that covers that situation.
2007-03-14 06:28:38 · answer #6 · answered by evil_paul 4 · 0⤊ 0⤋
NO he actually has to provide a 3 day notice, then go to court to do a notice of eviction.
He has actually broken the law. Tell her to contact the police again. Get a police report then to go the court and file an order which he will have to comply with.
Below is a link to what rights she has as a renter
2007-03-14 06:13:37 · answer #7 · answered by thequeenreigns 7 · 0⤊ 0⤋
He can hold her belongings until the back rent is payed in full.
2007-03-14 06:10:51 · answer #8 · answered by Anonymous · 1⤊ 4⤋