twincerelymel
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It varies by state and you need to find out the tenant laws in your state. There should have been some sort of eviction notice served to you before they could do this legally. If not you can enter your dwelling and remove your belongings. |
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nas88caror 300
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nope he has to give them back to you but you also have to pay the back rent and the remainder of the lease if you have one |
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EmTay21
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No you cannot take him to court. Sorry hun, you got EVICTED. This is perfectly legal for your landlord to do. He owns the property... plain and simple. Because you didn't pay rent, he evicted you. You literally broke your lease agreement by not paying the full rent each month. Be lucky he was even cutting you a break by letting you pay "a little here and a little there."
The only way out of this is to pack your belongings and move on. By law, he cannot steal your stuff. You may have to get a police accompaniment in order to get your belongings back... because you were evicted, you will be trespassing. Next time someone cuts you a break... don't take advantage of them! |
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steve d
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That is a very complicated question and can hinge on certain facts and what state you reside in. If you can, pay your landlord whatever you owe, as he probably wants full payment. You need to find another place to stay temporarily in case you aren't able to get back into your old place, and you need to contact a lawyer ASAP. Legal services corp. may be able to help you out with legal advice. |
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superstar_81882
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nope, sorry dear! you should be lucky he let you do that for 4 months! If you take him to court, you'll be ordered to pay him the money back in return for your things I would assume, so only if you can pay him what you owe him will he return your things. You signed the contract that stated when rent was due and what the consequences of late rent were, so take a look at your contract to make sure he has not violated anything. Also, he must have given you an eviction notice--the minimum number of days he must give you to move out depends on which state you live in (30 days in California). Try searching your state government website for a Landlord-Tenant Handbook that will have all the laws and details on what your rights are as a tenant and what your landlords rights are for regaining his property when you fail to pay rent. |
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Holly C
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This is an illegal eviction. He can not lock you. He needs to take your to court and a judge would order you out. So yes you can take him to court but be prepared for the judge to award back rent to the landlord. |
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Payten B
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no dumb-*** they'll just make you pay him back or tell him to sell all your crap |
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sunflare63
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U better do something within 60 days. Your landlord should of given u a notice warning. Like be out in 60 days.
U need to call a deputy to go with u to get your belongings,they are yours.
U need to just pay the landlord what u owe soon or trade like give them the fridge u left behind for the rent. |
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Rico
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Everyone is giving you different advice because it's different in different areas. Most areas have non-profit tenant-landlord services to advise you.
In California, a landlord cannot accept partial payments of rent and lock you out. The only way they can evict you is with a 3-day notice to pay or quit. |
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thedisco2
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Honestly - it is your own fault for not paying your rent. He has every right to have you evicted but cannot lock you outside of your house with your things inside. He can give you an eviction notice to be out within 7 days but that would mean you would be thrown out with all your stuff as well. I would get in touch with your local rental authority and sort it out with them. They will be able to inform you of all your rights. |
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Laurali
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I think i speak with all the other people on here. You were basically living there illegally for 4 months (I don't even know how you can do that?!?!) Find a way to get yourself back on track by living rent free with a family member or something. You will need to pay the landlord fully. Court wouldn't help, you would just owe more money you probably don't have. |
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Squeakers
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(No)
Your "Lease" states that you are to pay the full amount of rent on a certain day,and there may be a "clause" stating that you are also given 30 more days to complete the payments. Once you signed the Lease,you've made a "Legal Promise",to pay rent on time. After 4 months,I'm sure your Landlord has given you a notice telling you about the "Back Payments",and how much time you had to catch up. As of now, you (or whomever your talking about),has been evicted!. As far as taking this to Court,HE CAN TAKE YOU!. You will be the one sued for "Non Payment of Rent". (Note) Have you tried asking your family,friends or co-workers for help? |
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jwils509
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The landlord has to go through a proper eviction process including court and all. So what he has done is not right. Call the police because you do have squatters rights. And you do have rights to your belongings. If the landlord gets rid of your things they are definitely in big trouble. Call the police on them. |
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marynew8
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what does your agreement say in it? i would read that but if he didnt warn you when he was locking you out then i would take him to court but it all depends on your agreement lease. |
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Bill
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Sure, but what are you going to pay the lawyer with?
Were you evicted? |
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newyorkgal71
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You can try. The court may decide in the favor of the landlord since you did not pay rent in a timely manner. |
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sony_0025
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You could but you'd lose. Most likely they will try to take you to court for lost rent. If you are lucky you might get your stuff. But check the curb for the next couple of days. |
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S.A.M. Gunner 7212
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Your landlord has the right to lock you out untill you pay up what you owe. If you have a signed written agreement with him to the contrary, then he must let you in. |
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jim7368
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I think you can count on him taking YOU to court for failure to pay, however, the answer to your question is it depends on what your lease says. Most will give him that right. Some even give him the right to sell the things inside to compensate him for back rent. My advice. Pay up completely pack your stuff and move on. |
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mike s
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How can you afford an attorney & court costs but not your rent? I'm afraid the landlord will be taking you to court & the judgement will be for him to sell your stuff to recover his losses! Sorry. |
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gs400cww
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Your landlord has to provide notice to vacate. He can't just lock you out without you knowing it was going to happen. |
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panda
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nope... you maybe.. maybe could get your things back but its going to be a lot of trouble |
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