What are our rights if my landlord evicted us without notice and disposed all our belongings?
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What are our rights if my landlord evicted us without notice and disposed all our belongings?
I was late with 1 month’s rent. The landlord was informed that I was going overseas. By the time I returned, nothing was their in the office.
Asked on June 26, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
This was an illegal eviction: in your state, a landlord may not simply lock out a tenant or dispose of his/her belongings. Rather, you must first be served with a notice, warning you to pay rent; then if you do not pay rent, the landlord must file an eviction action in court--all evictions are through the courts. You could sue the landlord for the value of your property and for compensation for being illegally locked out, if the landlord did not do this, but simply locked you out on his/her own while disposing of your possessions.
Note though that while the landlord may have violated procedural rules based on what you write, as a general matter, going overseas would not let you pay rent late, even if the landlord knew of your trip. You'd have to make arrangements to have the rent paid for you on time, or else pay it in advance. If the landlord had gone through the proper procedures, you could be evicted for being one month late on rent.
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