Can a landlord keep cattle in lieu of pasture rent?

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Can a landlord keep cattle in lieu of pasture rent?

I leased a pasture 7 months ago on a verbal agreement, no written lease. I got divorced 3 months later and can’t pay the rent. My landlord locked the gate and won’t allow me access to my cattle. County Attorney won’t help.

Asked on November 21, 2011 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A landlord cannot use self help to prevent his or her tenant from getting access to the tenant's property in the event that the tenant is behind in rent. In your situation, the landlord is required to provide you access to your cattle even though you may be behind in rent for the pasturage of your animals.

I suggest that you write a letter to your landlord requesting access to your animals by a set date. Keep a copy of the letter for future use. If you do not get access to your animals by the demanded date, your options are to bring a legal action against your landlord.

You may wish to consult with a landlord tenant attorney further about your question.

 


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