Can my landlord throw out my belongings without a writ of possession and, if not, can I sue for the cost of my things?
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Can my landlord throw out my belongings without a writ of possession and, if not, can I sue for the cost of my things?
There was no an eviction filed and my landlord threw away my belongings. The apartment complex did not call me or anything. I called the eviction court and they said that it was illegal. I just want to know if I have a case
Asked on July 24, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country, a landlord cannot use self help to evict a tenant or dispose of the tenant's belongings without going through proper legal process. from what you have written what the landlord did was clearly in violation of state law.
I suggest that you immediate consult with a landlord tenant attorney as to what transpired. There could be severe statutory penalties assessed against the landlord in addition to attorney's fees and costs. Your damages would be the fair market value of the items illegally disposed of and possibly costs of moving and increased costs of rent for another unit that you presumably obtained.
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