can landlord changed locks before eviction notice?

Question

Background...we have never missed a month of rent before. We told our landlord on the 5th that we were going to be moving this month. and that we would pay her the rent up to the day that we are completely out. But pay her the day we leave. She told us we had until the 20th to be out. We never got an eviction notice for failure to pay or anything like that. We are in the middle of getting everything out right now, and yes, the house is a mess, cause we're putting things in 3 different places. Our temporary house, our house (we need to finish the remodel before we can move in), and storage. Today, i went to get another load from the house, and she had come and changed the locks. She left my husband a message on his cell phone today saying that she has filed an arrest warrant for me stealing her stove (which is in the garage on the property...it's gas, and I have 3 curious children, so we bought an electric). and for leaving her house a mess. We aren't done...Can she do this??

We had a contract to buy the house. The contract expired in february, and we never renewed. She only came by on the 5th of the month, every month to collect..and we always had it. Now, I feel that I have lost very important things that I can never replace (baby's first christmas outfits for 3, yearbooks, etc...)and I'm afraid I'm going to go to jail. I'm 2 months pregnant, and i've been so worried about this, i've began spotting...i hope This stress doesn't make me miscarry my baby.

And I'm in Georgia

Answer 1

No she cant, for any number of reasons.........

Answer 2

First of all - Once they give you notice you have NO RIGHT to tell them you will be moving out 1 1/2 month later. You move in compliance with the notice or you get formally evicted. PERIOD! You do NOT get another month! Also deposit is NOT rent & it is ILLEGAL to use it as such without the landlord's prior approval. You seem to have some entitlement issues here that I suggest you quickly get over before you make things much worse for yourself. YES he can evict you before July 1st. You have no rights & no reasonable expectation to stay there until July 1st. Your informing the landlord of your illegal actions does not mean anything. You ARE being evicted & are going to have to come to terms with this fact. If you do not show up for court you WILL be evicted. The court will give you a date to be out by. This is usually 4 days to a week from the date of the hearing. You WILL NOT get another month & 1/2. If you are not out by the date the court gives you then the sheriff will come & remove you & the locks will be changed. If you wait for this action they will NOT sit around & wait for you to move all your stuff. You are allowed to take cloths & meds but that is it. You have to make separate arrangements with the landlord to get the rest of your things.

Answer 3

I went to Google and typed in EVICTION GEORGIA USA and this site came up. You may want to read the rest but this should be enough to put your mind at rest tonight at least. good luck.

Under Georgia Law you can be evicted if:

You do not pay your rent;
You break your lease;
You do not move out at the end of your lease.

However, your landlord must follow the law to evict you. Your landlord cannot change your locks. Your landlord cannot put your things in the street. Your landlord must take you to court. When this happens, you will get an eviction or dispossessory warrant. You can answer this warrant and tell your side of the story.

How Does the Eviction Process Work?

Your landlord must go to court and file an eviction (dispossessory) lawsuit against you. When this happens, you will be notified. A Marshal or Sheriff will bring a copy of the eviction warrant. If no one is home, it will be tacked to the door. You should also be mailed a copy.

Answer 4

As miserable as this sounds, you might need a lawyer.

Start with the basics.
1) Do you have a lease or rental agreement IN WRITING? Take a copy to the local police department. Tell them that you were illegally evicted and you are hiring a locksmith to regain entry.
2) If you have money, call the bar association for a referral. If you are broke, try to find a legal aid society.
3) In your condition, you're going to need to rely on your husband or friends or relatives to deal with the lawyers and cops.

Personally, I would get back in even if I had to break a window. I would move the oven back, even if you leave it in the middle of the living room unconnected.

Then, while inside, I would call the police and tell them that you are the legal occupant and have regained entry.

Good luck,
- CarlD

Answer 5

Sounds like you basically have a "month to month" lease. And if you didn't pay when the rent was due, you are violating that lease. The landlord will still have to take legal action(obtaining a Writ of Possession) before changing locks. So contact your local law enforcement...she is violating the law!

Answer 6

Her actions are unlawful (at least by California law -- it's called forcible detainer), and you have the right to break into the premises to secure your goods. The landlord cannot take possession of the property without a court order unless you surrender the keys.

Answer 7

Bob - is correct...call the local police dept and get them involved right away. be up front with them, tell them you are moving because you cannot pay the rent, but she has not given you a 3-day notice yet nor has she served you with court papers. show them where the stove is. you can actually sue her now for damages.

good luck :)

Answer 8

You should call the cops and have them come out to the house. You can then file charges on her.

Answer 9

talk to an eggplant no she cannot change the locks and gas and electric stoves are TWO different animals

Answer 10

I really don't know, but I'd be getting a Lawyer, Good Luck to you and your family.

Answer 11

no get a lawyer