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 Moving out?
i need some advice in fact help, we are planning to get out of queens, new york. we thought about florida but we yet dont know what part or area since we only been to boca raton once. is nice but is ...


 I am looking to rent a house. is it right that a landlord can ask for a bond up to 1 month before moving in?
in my current rental i need to give 1 months notice. before my prospective new landlord can secure the house for me he needs the admin fee plus a full bond....


 Section 8 Housing?
My husband and I met as neighbors and are now renting out the other home. It is soon to be vacant and my daughter is in need of a place as she is pregnant and makes only minimum wage and can not ...


 Does anyone know of a mortgage company that'll give me a loan even though I filled bankruptcy 8months ago ?
I need a mortgage company that will not charge an outrageous interest rate and that can work with a housing program in Ohio
Additional Details
Alright, some details about the program, ...


 Can someone cash a check that is three years old by changing the date from '05 to '08? ?
My old landlord was foreclosed on at the beginning of the year. I moved out a few moths later and now am in a new house, new landlord, etc. The old landlord cashed a check (i think the deposit) ...


 With the subprime mortgage crash?
in the last year due to foreclosures and deliquency ratings, what is the future availablity of a mortgage loan for a person with less than perfect credit?...


 I can't choose which house to buy due to the price difference?
I find it difficult to decide in this case, due to the price difference.

An apartment is under offer with the "5% deposit paid" incentive. This is attractive to me, however, at ...


 Can i request the seller to reduce the price of the house after home inspection?
I am buying a house and had home inspection yesterday, found out there is some things need repair or replacement like shingles roof missing and damaged tabs some are improperly spaced and appear to ...


 How can i get on the property ladder with very little money?
...


 With lease property how do you know who owns the land?
...


 Does this make sense?
How can you be a landlord when you can't even fix what's broken in your own house? How can you justify spending lots of cash on business ventures when your kitchen light's been out of ...


 Do you live in a city or town or rural area?
...


 Can my roomate kick me out with one week's notice?
I live in Toronto. Can my roommate who holds the lease kick me out with one week's notice? She wants to give back last-month ent deposit and the pro-rated portion of the rent i paid for this ...


 What should I say to landlord?
Okay so I just recently moved into a home that I am currently renting. I moved in on Oct 11th. I live on the east side of USA so Its been chilly and the heat is broken, I have a small child and a ...


 If I have a FICO score of 600 and all my debts are settled or paid in full, can I buy a house with no $$ down?
...


 Rent increase?
as a new landlord with inherited tenants, can i raise the rent while they are still under the current lease?...


 Can a landlord let himself in an rental house without notice to tennants he rents rooms thanks?
comes over at all hours day or night he has a key,no phone call don't ...


 Should I buy or rent a home if I am only going to be in it for the next 18-24 months and then will move again?
I may be relocating for a job that I will be in for roughly 18-24 months. Given the uncertaintly of the housing market, do you think I should buy a home or rent? I would hate to buy and the value ...


 Can I ask my tenant to leave?
I recently bought a house. It is NOT a duplex or anything like that. It's a one-family house with a small bachelor attached to it. When I bought it, there was someone renting the bachelor. I don&...


 House Question...?
If a house is on the market for £195,000, what price would you offer to buy it for?
We are first time buyers, with the cash and no property to sell....



Bob T
Can a landlord refuse to hand over tenant's personal property following eviction?
I never thought I would find mysef in the position I am now, but I have been evicted. Times are tough and I fell behind on the rent. When it came time for me to get out, and have the locks changed, etc. The landlord told me that I could not regain my possessions until the monies owed to him were paid. I have every intention of paying, but at this moment can't. I want to put my stuff in storage...what can I do? I'm in South Florida btw.
Additional Details
Also, I feel crappy enough as it is. I don't need people telling me what a bad person I am. So please, just straight answers.
                     
 




Stacey
Sorry to hear about your situation, but the straight up answer is, he can't hold your property.
Usually what should happen after an eviction is:
Court, judges decides you need to move and the judge will give you so many days to do so.
Until that date you may live in the unit, after that court appointed date and you're belongings are still there, the apartment has options, they can call the sheriff and have your stuff boxed up and have yourself escorted off the property. Or they may have in house staff box up your belongings. After that is done, then they will change the locks and proceed to get collections in place.
In no part can the landlord hold your belongings even if you owe rent.
I would contact http://www.tenantsrights.com/

Each state may be different, but I can't imagine its that different.
Best of luck
S


Tally
It's like he's keeping your property hostage until you pay. The absolute best thing to do in this circumstance would be to talk with your landlord. Explain your situation, explain how you intend to pay him the money. Technically, even if he stores your stuff will end up having to pay, that is unless he gets rid of it. I'm not trying to make you feel bad and I've had bad times myself, but you can't run away and not talk with this landlord. Working something out with him means not going to court over this matter and racking up more fees.


spadezgurl22
Rating
if it was court ordered eviction your landlord does have a right to retain y our possessions until money has been reimbursed. If it was not a court ordered eviction then your landlord cannot hold your possessions, call the police and report theft. Make some sort of payment arrangement with your landlord, so that if you pay a portion per month u can retain some of your possessions. Seems like u stayed too long and now ur kinda at their mercy. if u had left before the sheriff came you might have been able to put your items in storage. so sorry but Good luck.


reenzz
Rating
You must of known this was coming. What the landlord probably did was to put your possessions in storage for the time being. Most state laws say a landlord has to hold on to tenants possession for 30 days...and they then can dispose/sell them. If you want them returned you will have to pay the back rent and storage fees. Unfortunately when the sheriff gave him possession of the property..it also includes the contents of the property. You should have moved your stuff out earlier.


DennistheMenace
bottom line, he cant do anything with it, with out a judgement....then it could come down to city ord. where I live, after they get the judgement you have about 5 days to get it out, or they can put it out at the curb. I dont know of any place, they can hold it for back payment, inless they are required to put it in storage, as part of the judgement, and then theres a time limit.


S.B.
It would depend on what state you live in. I believe in most states they can't. He/she might try to hold it to get some payments back but that isn't a good way. I would go to the Town/City hall and find out what you can do about it. That would be the best way and there you should be able to get your stuff back. I hope all works out for you.


newmexicorealestateforms
Rating
Well, in my opinion, although he has taken you to court and has properly evicted you, he has not reduced the judgement gotten in court to a collections, and assuming that he/she did not get an order allowing him/her to keep your personal goods as collateral for the debt without proper agreements between you, I don't believe he/she has the right to take possession of your personal goods.
As it relates to the personal belongings of a person who has been properly evicted each state has provisions as to what the property owner has to do relating with the return of those goods they can not merely hold the goods hostage, sell them, or dispose of them without proper court adjudication.
These provisions relating to what must be done with the personal belongings are codified in the Landlord tenant laws of the state.
You need to get Florida legal assistance relating to this matter since the landlord "might" have made a legal mistake and now the shoe is on the other foot. If as you stated you can not afford all of this including legal help you might want to try this link or research legal aid in your state.

Free legal aid search for all states: http://www.lawhelp.org/
State bar Association: http://www.floridabar.org/

Here are links that might help you understand what my opinions mean

Florida General Provisions Property Laws includes tenant/landlords isssues http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0715/ch0715.htm
LANDLORD TENANT ACT: http://www.leg.state.fl.us/statutes/index.cfm
Landlord tenant main site: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/titl0083.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%2083
Landlord tenant handbook: http://www.floridapirg.org/consumer/renters/rrpage1.htm
Landlord tenant brochure: http://www.myflorida.com/dbpr/hr/forms/25/5025_750.pdf
Consumer Services landlord tenant explanation: http://www.800helpfla.com/landlord_text.html
HUD Senior Housing Section 8 http://www.hud.gov/local/index.cfm?state=fl&topic=renting
HUD: Florida Landlord Tenant Laws http://www.hud.gov/local/fl/renting/tenantrights.cfm

Best of luck to you on your research


Midwest guy
The only way the landlord can legally change the locks and keep your stuff is if there is a order from the court, which is usually carried out by the police. If he just changed your locks, then he is probably not following the right procedures.

Did he provide you with a Pay or Quit order? This is the first step to eviction. After 5 days, then he can have you served with papers to appear in court, in which most judges will give the tenant 14 days to get out. Then if not gone, the police will escourt the tenant out and locks are changed, and then the property belongs to the landlord.


NeighborLady
Rating
LANDLORDS CAN'T JUST THROW YOU OUT!


* Only a judge can order you evicted, and only the Sheriff can put you out of your
home! (See "EVICTION" feature)

* Florida law does not allow a landlord to force a tenant out by:

1. Shutting off the utilities or interrupting service, even if the service is in the
landlord's name.
2. Changing the locks or using a device that denies the tenant access.
3. Removing the outside doors, locks, roof, walls or windows (except for
purposes of maintenance, repair or replacement).
4. Removing the tenant's personal property from the dwelling unit unless
action is taken after surrender, abandonment or a lawful eviction.

* A landlord may not evict a tenant solely in retaliation for the tenant complaining to a governmental agency about a code violation, joining or establishing a tenant's "union" or similar organization or asserting other tenant rights.

* If any of these occur, the tenant may sue for actual and consequential damages or three month's rent, whichever is greater, plus court costs and attorney's fees.


gnomie_jones
I'd look over your lease carefully regarding eviction. I know that your landlord can put your things out on the street if he feels like it, he might be able to hold your things as well.


ray z
Rating
not usually. call the police and ask them. it is a civil matter but they might take it as a theft report.
the landlord only has the right to sue you for monies owed, not keep your personal property in most jurisdictions.


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