ICHOOSETOTELLTHETRUTH
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Here's a site where you can go for the laws in your... State... sometimes landlords do not share these laws with the tenants and more or less your left in the dark about your rights.
Every state is different in the ways they make them laws up. There's two sates in the USA that has to this day to pass laws to protect the tenants. http://www.uslandlord.com/ just go to Laws & Statutes and then pick the state you live in theres you laws up-dated at the time you go on this site.
This way its good to know you right unless, some people end up with a bad landlord because... there bluff works most of the time because of lack of knowledge of your rights.
After you have looked at your rights and theirs.
Then you know where you can go as far as taking up for yourself.
If your civil rights has been broking you can call your local...Legal Aid and they will give you the number of a Pro-Bone-O Lawyer the help you in any problems you endure.*
http://www.lawyers.com/ is a site where you can talk to a chat with an attorney live also on there site... you can get a lawyer in your home town if you wish to go that way.
Source(s):
Studied tenant laws
http://www.uslandlord.com/
http://www.lawyers.com/ |
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ctryhnny04
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Every state has different laws and you should check into them immediately. More than likely they moved your things to a storage company and here in MA they are supposed to tell you where that is and give you the information on how to get it. If you were evicted for non payment of rent they were probably quite upset that you could afford to go on vacation but not pay your rent...check out the state laws and take it from there....good luck! |
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purpleama456
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Okay first question would be, why were you evicted? Was it due to none payment of rent? If so, how come you can't pay your rent but you can go on vacation? Did you get served with an eviction notice and have a court date prior to going on vacation? If so then you only had 10 days from the date of court to get out before a writ was filed in which the sheriff comes and throws you on the street. At that point in time you have to make arrangements with the landlord to get the rest of your stuff. Legally, the landlord is to hold your belongings for 10 days (check with your local laws though) before they can trash it or what have you. The landlord is lying when they say they don't know where it was taken though. It will all depend on whether or not it was past the point in which they were legally bound to hold it. If it was, consider it gone |
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Tortured Soul
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www.nolo.com. Good luck!!! |
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BoomChikkaBoom
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It depends where you live.
If you have a court order that says your removal is not until the 30th, you can sue for the cost of replacement of everything you lost plus damages. You will most likely be countersued for the unpaid rent and costs involved in your eviction.
Here your landlord would also be arrested.
In some states, the landlord must store the items and notify the tenant of where the items are located.
What date did the court order or removal warrant say you had to be out by? |
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miss mazie
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Call your City hall information , and ask for the procedures for rental evictions as to what steps to follow when a landlord violates your rights . |
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Common Sense
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Depends on the law where you live..
It differs widely...
If it was removed prior to the eviction date on the letter
it would certainly seem that he violated his own agreement.
Regardless of the law... |
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DispatchGirl
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Depending upon what city you live in, you can look up on line tenant's rights. The landlord should not have even gone in your house without your consent. You can sue probably at least then maybe you can get back some of your stuff. I would have made a police report, the police could have told you then and there what your rights were. But the longer you wait, the sooner all your stuff is gone. It's prob. at one of his relatives houses or friends. But if the police are on his tail, he'll come up with your stuff really quick! |
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michaeldsteiner
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In Texas, it is simple. There are 2 separate landlord eviction rights
1.hotel/motel law, where you can be evicted on the spot no questions asked. The law in Texas states, a landlord falls into that area IF landlord provides : bed sheets and towels.
2.all the rest, and the law there states it pretty simple the only one who can force you out is a Texas or Federal Judge.
Simple do you have a piece of paper signed by a Judge with a date to leave if so you and yours must leave by then.
Otherwise, you as a citizen must file a police theft report. Did you "SEE" the landlord put it out NO so don't make accusations
let the police do their job, BUT REPORT IT NOW! |
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irishsweetie
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seems to me you should of looked for another place to live instead of taking a vacation. If he served notice to you legally, the date should be on the vacate order----some places its only 15 days from delivery of notice to vacate!!! If he did his part according to law than your up sh_ t creek without a paddle dear!!! |
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djs
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You have 30 days from the eviction notice.Next time don't be such an irresponsible jerk |
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Lexis
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I certainly feel your pain. It's obvious that it's not yet August 30th, if that is the date your landlord gave you to move, then that is what is required, as he/she is the one who set those terms. Check with the laws in your state (just do a search for your states statutes or consult a lawyer).
You can always try to sue your landlord in Civil court for the return of your property or the value of it, but unfortunately, the difficult part will be proving that he/she is the person who actually took it out of the property.
They do have the right to keep your belongings IF you did not move out on time. However, if there is money owed (due to eviction), they do have the right to keep your belongings as their means of recouping their loss.
It's always best to seek professional legal advice in these situations, just because the laws are different in each state.
Good luck!! |
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datcstudentahyu a
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See me trash celebrites in my blog!
http://dahamu.blogspot.com |
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littlebettycrocker
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Call an attorney ASAP, you will get some cash off of this scumbag!!!! |
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NosyD
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It depends on where you live... if you are in California, you can check out this site for your rights... http://www.dca.ca.gov/legal/landlordbook/
if not then go to google.com and do a search under renters rights and the state you are in... good luck! |
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RAY E
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first the landlord has to give you a eviction letter, one at home and one by certified mail. if he didn't do that he is wrong. you can take him to small claims court and get all your stuff back. it all depends on,if it is a private landlord or goverment landlord. if he takes you to court, you can appeal and still live there. hope that help you out. |
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Bubbles
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first you need to find the letter or eviction notice (by law you should have gotten one) and check the date that says you need to be out. If indeed it says August 30th, your landlord did a bad thing and therefore you can take him/her to court for your lost belongings |
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patrickmcc55
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If your items were left in the property after the date of eviction on the notice, it is considered abandoned property, and the landlord has the right to dispose of the property in any manner he wishes. If howver, the items were removed prior to the date of eviction on the notice, then he is liable for the value of the merchandise if it is not returned. |
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Brutally Honest
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It all probably depends on what type of "quit or pay" notice you were given. I think that most places will give you a "courtesy" notice of 30 days, however, if they REALLY wanted you out, they could have issued a 3 or 10 day notice, and if you were gone during the time you were supposed to vacate, they probably had the legal right to enter the premises and remove all the belongings, because they could claim it was "abandoned" while you were on vacation.
As to what they did with your personal possessions, you will probably have to contact the property owners and find out who moved your things, and then contact them. Chances are, they may have taken everything to an auction or clearing house to help off-set the back rent.
That's what happens in CA, but your personal situation and legal rights may be different where you are. Good luck. |
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dahorton40
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call the cops and an attorney the probably sold your stuff for crack, but seriously get a lawyer you can get their asses for this, and own the building |
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chef spicey
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if you paid your rent you wouldnt be in this predicament. seems like a vacation was more important then a roof over your head....... |
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shylilly_665
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depends if the place was a health hazard like bad smells comeing from the apartment andupon looking the place was trashed they can remove your property and sit it outside and clean the place or if you said you wouldbe there on a certain date to move stuff and never showed they can moveyour things if there is animal unattended they can remove animals and property also depends on why you were being evicted for and not to sound rude but instead of being on vacation you should have moved your stuff out
for exsample the ppl across the way from us has till the 21 to be out they left animals in the apt that were not being cared for and smells ppl were complaining about so the animals were removed from the property and taken to a human society and the place was cleaned out some stuff put in a garage othere sat outside in bags the places was full of animal poop and pee and bugs alot of cleaing needs done and carpets need romoved in that case landlord has all rights to remove the property and clean the apt due to a heath hazard and number of complaints |
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BUTTERFLY
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take landlord to court. |
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Vera W
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Consult a Real Estate Attorney. If you don't have money check out the yellow pages for the ones that offer, " FREE CONSULTATION". or call Legal Aid and they'll refer one to you.
Did you ignore the notice to appear in Court?
Usually the Judge would grant some time according to your circumstances that prevented you from paying where you were staying, giving you time to get the money to pay....but if you didn't go to court to plead your cause the property management would plead their case so the Judge awarded them, IF THE EVICTION WAS COURT ORDERED, and while you were having fun on vacation the SHERIFF came and OBSERVED THE EMPTYING of the apartment...usually the items are set outside on the curb off the property near the street and whoever passes by takes them if you weren't there to look out for and protect YOUR VALUABLES.
SO NOW WHAT DO YOU THINK YOUR RIGHTS ARE?
AS I WAS SAYING SEEK THE ADVICE OF A REAL ESTATE ATTORNEY. NEXT TIME HANDLE YOUR BUSINESS PRIOR TO VACATIONING AND YOU WON'T HAVE TO WORRY ABOUT RETURNING TO DISASTER, like additionally having a Judgement added onto your CREDIT FILE.
Check your credit report. The amount you owed in back rent is probably charged to you plus court cost.. |
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That Girl
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I think the law varies depending on the state you're in. You may want to check out a renters' rights NOLO book for your particular state at your local library or at a bookstore.
You can also try findlaw.com. You'll have to enter your zip code to get specific info about your state.
The fact that you were on vacation could have made it look like you abandoned the apartment--regardless of the perceived value of the items you left inside. This is a tricky situation and you should definitely find out the law in your area before deciding that a crime was committed. |
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Melvin B
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Your best bet is to find a tenant's association in your area. They are usually free or cost very little and will give you a chance to talk to an attorney and / or other people who have gone through similar problems. Then you can get the lowdown on what the law is in your area. |
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KIT-KAT
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Try tenantnet. |
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yums
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read tips and articles on real estate and renting on this site |
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banphrionsa_fainne
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What state do you live in? Did you have a lease? If you were given an eviction notice you have 30 days from the notice to vacate the premises, unless the lease or the eviction notice said differently.
If the landlords are in fact in the wrong and you had until the 30th- simply call the police and report everything stolen. I bet your stuff will reappear quickly. But before you do that- MAKE SURE you are right. You can call your state HUD office- they will be able to help you know your rights. |
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Mom
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I have rental properties... listen to patrickmcc55 your first answer.. he knows what he is talking about. |
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kimberly b
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call the police
and sue their asses, what they did is very illegal, they are not allowed to touch your stuff without a court order |
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harleycristine
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I have a question? my ex and i our sharing a storage together. And he wont let me come get my daughter and i stuff. what do i do? see when we moved into the storage i couldn't help because i had nobody to watch my baby. So, he did and he put his name on it and he has the key and the password. i mean we were together at that point! so i gave him the money to pay for it every month. since we break up he wont gave my stuff. i really don't what to do? i thought about taking him to court but i feel like that to much!! |
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