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I just recently started renting a house from a couple in Riviera Beach. Upon moving in I let them know that I was tight on cash but If thye could work with me I would like to have used my tax return for my movin and deposit. They oked everything and I gaave them $600 as a security and processing fee. Well, My tax return got lost in the mail and it has taken longer than expected to get the $ I owe them. They are threating to changed the locks if I don't give them something. Can they do this? I don't get paid till the 12th of next month ( I work in sales). Please help. I have no where to go. What are my rights.

2007-03-20 04:56:59 · 7 answers · asked by K.D. 2 in Business & Finance Renting & Real Estate

7 answers

Never mind the rest of the answers before me. Some of those people were rude. It doesn't matter what your lease says. It is AGAINST THE LAW to change the locks on your house. Go to the HR Block, if you did do it there, and ask them to track their mail - see where it went. Take whatever papers they give you on the whereabouts of the mail and give it to the landlord. They CANNOT change the locks. The ONLY thing they can do is to give you a 5 day notice for nonpayment of rent. After the fifth day, they MUST go to court to get a court order for a 30 day eviction notice. If they posted the 5 day notice on your door while you were home, then this notice is, by law, invalid, and they'll have to give it to you again properly and the 5 day thing has to start again from that point. They cannot change locks or cut off any of your utilities. Go to www.rentlaw.com. They have landlord/tenant laws for every state in the US.

2007-03-20 14:23:05 · answer #1 · answered by caramelswoman 2 · 0 0

This is a question you should address local and state officials, representatives, senators, lawyers, etc. However, in most states, possession is nine tenths of the law.

If they gave you POSSESSION of the property, such as giving you a key, letting you move in, then you have just as many rights as anyone who rents and has possession of a rental, even if you never paid them anything.

In fact, even people who take over a property in hostile fashion have rights in most states, most importantly the right of notice of so many days they have to vacate.

Changing locks in most states due to non-payment of rent is not permitted while others have possession of the property. Commonly, renters are given so many days to vacate. If they don't comply, a hearing is set and the judge gives order to vacate. If they don't comply, landlord may to go Sheriff who will physically ensure that the renter vacate the property. AT SUCH TIME, the landlord may choose to change the locks and the renters are warned that coming back will bring them legal charges of trespassing.

These are YOUR rights in most states. However, you need to remember that the landlord also has rights, such as to charge you with any and all legal fees associated with the eviction, late rents, damage to property, etc. In most states, the landlord has the ability to secure a sheriff sale of any and all property you possess in order to pay off the debt and may hold many sheriff sales up to ten years after the incident until the debts are totally paid. Items sold at sheriff sales are sold pennies to the dollar they would normally sell for.

So, while you do have rights, the landlord maintains the upper hand. If you are late on rent, find a way to pay ASAP or you may be evicted and will, at the very least, be charged fees and penalties.

2007-03-20 05:13:43 · answer #2 · answered by Jeffrey B 2 · 0 0

They have to give you a 30 day notice to move out. It is illegal for them to change the locks on the home to keep you out since you are living there. If they do this contact the police. The landlord will be hating life if they do this cause it's only going to cause problems for them.

2007-03-20 05:07:25 · answer #3 · answered by Anonymous · 0 0

the eviction process is long and nasty, they cannot just kick you out of the house... they can say 30 days but they cannot kick you out after 30 days they have to start the eviction process which includes court and some money on their part...(this is for california so you need to check with your area)
i honestly would not worry, search gov sites online and see the process but im almost positive its close to the same everywhere..and the process is long and drawn out usually about 6 months..

2007-03-20 08:10:35 · answer #4 · answered by Pure Genius 3 · 0 0

They were nice enough to let you slide and you return the favor by taking advantage of their generosity with the ridiculous "it got lost in the mail" thing. You JUST started renting and you're already a pain for them, and doubly late as well.

The precise timing is obviously important (e.g. how delinquent are you) but they certainly have rights and eviction is one of them.

2007-03-20 05:04:21 · answer #5 · answered by Box815 3 · 1 0

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2016-10-02 10:59:40 · answer #6 · answered by ? 4 · 0 0

YES, they can and NO you have no rights in this matter since YOU have reneged on the initial deal. Best bet is to get a short term loan to pay them......

2007-03-20 05:29:19 · answer #7 · answered by boston857 5 · 0 0

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