simply_renee
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It isn't breaking in if it is your property and has been left vacant. IT HAS BEEN 6 MONTHS!
I am so sorry you're in this situation- being screwed over by your own daughter like that. I hope you can mend fences later about this. |
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sheeta_gadahm
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Did you have any kind of rental contract with them or did you just "trust" that they wouldn't take you for a ride? You need to look into the rental laws in your state to find out what you can do. As a landlord you have a right to a key so that you can physically inspect the property from time to time, even if you are renting to family. If they have been gone for 6 months I say get in there and do what you have to. You could also take out an ad in the paper stating that they have so many days to remove their property before you take ownership of it all and have an auction or yard sale or whatever with it. |
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shootoutboyz
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yes |
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vsg74
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As long as they have residency then it is illegal to break in while they are not there and take things out of the house. Your recourse is to sue them in small claims court for the money they owe you. |
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OkinawaGirl
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If you have proof of ownership, I would call a locksmith and have him open the door and then change the locks. It is your property and the occupants no longer reside there, therefore it isn't breaking and entering.
The laws vary from state to state. See the link below to look for your state laws |
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D'Artagnan Pluck
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If they moved out....
You have the right to enter the property by any means necessary.
If there was no contract, you have the right to all property on the premesises.
There may be local laws precluding you from selling the items on the premesises. generally this is worked around through a public notice in the newspaper, stating that you have posession of said items left by the previous tennants of soandso street and will sell them within 30 days if not claimed.
Then, if they come to claim their stuff, you have the right to hold it until they pay back rent. If they do not pay, you can sell the stuff.
Most of this needs to be supervised by your attourney. |
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GordoBGoode
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Since you own the property, I would think that it would be legal for you to break in. Be sure you have the documentation to prove that you and you alone own the property, though. |
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Mya
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If the house is yours - of course it's legal,everyone can access his property. But if the things in the house are NOT yours u cannot sell them.
Although if u have written rent contrace u can sew ur daughter in law to pay u the rent and the sum u payed to the electril company,and after than sell the belongings in the house. |
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Shanny
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that is illegal by far... you need to go through the court process...otherwise you will end up owing them money...on the other hand it could be seen as abandonment of property...but that's your daughter...i don't know it's hard to say
send them a notarized demand letter for the money they owe...and let them know that their property will be disposed of because the law only permits a certain time and then the property will be considered abandoned |
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mandymae
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It is illegal, even if you own the house. Renters have rights just like the owners do. The only way you can do this is to take them to a small claims court. Since they have not paid rent, you should give them an eviction notice, which you will have to get through the courts as well. If you break in, the renters can call the cops and you could go to jail, even if you own the home. It sucks but thats how our justice system works sometimes. Good Luck! |
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SuperNathan
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Yes, breaking and entering to steal items from anyone's house is illegal.
In general taking your daughter and son in law to small claims court tends to be preferrable to stealing their belongings. |
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COURTNIE
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i PERSONALLY think you can do that. I feel that if it is YOUR house you can do WHATEVER you want. Did they sign a contract? Or was it basically VERBAL? I'm glad you did that. Sell everything! And I don't think its illegal. You broke into it AFTER theymoved out right? If so then I think your fine. Sell awaY! |
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SCARYjerry
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Yes you can. In Iowa anyway. Check with your local county lawyer. But if it has been more then 45 days you should be able to. |
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Oli
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Go on Judge Judy- it's the only solution......
Seriously though, it's not legal. You need to get a court order. |
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southern_comforts2000
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I say so! It is your property after all...if they aren't paying the rent then they are the ones that should fear the law! But I'm no lawyer! I just think its ok! |
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