Went ot jail and got evicted?

I went to jail for one month and when I got out, my landlord changed the locks and kept all my belongings inside the house. Everything. He did not evict me through the court system just a 3 day notice. Is he in the right to keep everything I owned.
Additional Details
I moved in April 2006, paid May's rent, did not pay June's rent because I went to jail. My landlord knew I was in jail. I got out July 1, 2006, went back to the house and noticed the locks were changed. I could not get in to get my clothes, money, pictures, or my children's stuff. He told me he was keeping the deposit also. I only owed him for one month rent. He said even though I went to jail (the charges were dismissed) I still abandoned the house. The new renters are using my furniture and I don't know what happend to the rest of my belongings. Do I still have a case now?

He did not have to evict you, he simply needed to file for abandoned property, since you did abandon it.

As far as your stuff goes, he was supposed to store it for 3 months. After 3 months he can do whatever he wants with it.

So yes, you have a valid claim.

States may vary
Written Notices from your Landlord
3, 30, 60 and 90-day Notices
Notices from landlords deserve your attention, especially those with time limits. A landlord can require you to:

Pay past-due rent within three days,
Stop violating your rental agreement within three days,
Move out of the rental unit in 30, 60 or 90 days, or
Pay increased rent in 30 or 60 days
3-day notices
A landlord can give you a 3-day notice for the following reasons:

You have not paid your rent; or
You do not follow the terms of your rental agreement.
Paying rent on time
If you get a 3-day notice because you havenā€™t paid your rent, you have only 3 days to either pay the rent due or move out. If you pay within the 3-day period, the landlord has to accept your rent, and cannot try to evict you.

If you donā€™t pay your rent or move out within 3 days, the landlord can go to court to have you evicted. If that happens, someone will serve you with a court notice called an Unlawful Detainer. The Unlawful Detainer is a lawsuit to have you evicted.

If you move out within 3 days, the landlord can still try to get you to pay any unpaid rent.

Keeping terms of your agreement
Your landlord may also give you a 3-day notice if you donā€™t follow the terms of your rental agreement. For example, if you have a pet, but your rental agreement forbids pets, the landlord may give you a 3-day notice to remove the pet or move out.

If you do not remove the pet within 3 days or move out, the landlord may serve you with an Unlawful Detainer asking the court to evict you.

Calculating notice periods
In calculating a 3, 30, 60 or 90-day notice period, do not count the day you receive the notice. For example, if you receive the notice on a Monday, day one is on Tuesday. Also, if the last day falls on a Saturday, Sunday, or holiday, you have until the next business day to take care of the problem or move out.

30-day, 60-day and 90-day notices to move
If you are not behind in your rent but the landlord wants you to move out, he must give you a written notice.

Only a 30-day notice is required if youā€™ve lived there less than a year.

A 60-day notice is required if youā€™ve lived there a year or longer.

There is an exception to this rule. Only a 30-day notice is required if all of the following apply:

You live in a house, townhouse or condo.
The landlord is selling it.
The landlord has opened escrow with a licensed agent.
It has not been 120 days since the landlord opened escrow
The landlord has not previously given you a 30- or 60-day notice.
A 90-day notice is required if you are under Section 8. If you want to move out, you must give your landlord a 30-day written notice.

The law does not require landlords to give you a reason why they want you to move out, unless you live in a city with rent control. Not all cities are under rent control. If you live in a city with rent control, you can call the rent control board at the following numbers:

For the city of Los Angeles, including the San Fernando Valley,
call toll free (866) 557-7368.

For Santa Monica, call (310) 458-8751.

no sue him get a good lawyer

You can take him to court to get your things back or sue him for the value of the items he siezed.

It depends on what state you live in, but after you are served a 3 day notice and you don't return to the apartment, if it appears that you are not living there then it is considered abandoned and the landlord is allowed to assume that you have abandoned it. However, they cannot just take your stuff or give it away. In california they have to put it in storage for a minimum of 30 days. If you ask for it back, they can charge you for the storage costs including moving costs if there are any.

He can also charge you for cleaning the apartment and preparing it for a new tenant and rent until he decided you had abandoned your apartment along with any back rent.

The best thing to do is contact the attorney general's office and file a compaint about the landlord. If there is a legal aid office that will help you they can give you legal advice on how to proceed.

You will most likely have to take him to court.

If you have paid the rent, he has absolutely no right to keep your belongings. You should drag him in the small claims court.

Actually there is one other instance where the landlord is correct in changing the locks and re-renting. The 15 day abandonment clause. Your rent was not paid in that time, you were no where around, therefore the apt was abandoned.
However, the landlord does not have the right to get rid of or let someone else use your belongings. The landlord is supposed to put everything in storage for 30 days (after he changed the locks), let you know where it is and how much storage fees are, and give you a chance to get your stuff back.
His 3 day is legal. 3 day pay or quit means just that. Pay your late rent in 3 days or leave. You werent there, your rent wasnt paid. You abandoned the apt. However that doesnt mean he gets to keep personal belongings.
My advise is to take the landlord to court. Make a list of what you had, what is being used by other tenents, and what the landlord did. Then take him to court.
I hate to say it, but as far as your possessions go, the landlord did wrong.
As far as the apt, you had the obligation to make sure the rent was paid while in jail. A friend or family member could have paid it for you. A landlord does not have to wait until you get out to get paid. And even if the landlord knew you went to jail, that is not his problem, its yours. You could have been in jail for months, would you have expected the landlord to hold the apt for you without the rent being paid? NOT!. You are obligated to take care of your problems, including making sure rent is paid, so you can have somewhere to go when you get out.
As I said, take him to court for your possessions. However, be prepared to pay the past due rent, any late fees, and court costs if he files in court first. And if the landlord is found guilty, then the rent, late fees, and any court costs will be deducted from what the court says he owes you.
When signing a lease, always check out the abandonment clause.

I don;t think so...get a lawyer....

Cindy
http://www.ThingsLookGreatIn2008.com
http://www.BuildingOnlineBusinessSuccess.com

When you went to jail was your rent already late? Even if you were in jail he had to go through the proper channels which was to file an eviction through the court. You can now file a small claims case for the maximum in your jurisdiction and you really do not need an attorney for that.
It still stinks to have lost your personal items, though. Almost as bad as losing everything in a house fire.

what the landlord did is illegal and called self help, i would contact the police, get them to be present hire a lock smith and rent a truck, show up at the house have the locksmith open the house remove all belongings, then sue the heck out of him for expenses related to illegal eviction

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