Last week we recieved a "Notice to Quit" from the Property Managment Co. (We decided to move, and so did not pay rent as we were going to be out by...well Yesterday) The Notice to quit gave us 7days to either move or pay rent. Obviously we were moving. Over this last weekend we moved 99% of our things out and into our new house. Last night (Tuesday) I returned to vacuum, clean up a bit, and retrieve my broom, mop, vacuum, Steam Cleaner, and a few other odds and ends that were left behind. When I arrived I noticed that the Locks had been changed. It is my understanding that this is illegal as it deprives the tenant of his/her belongings. The Eviction notice has not been issued as of yet, and besides that we would still have 30days after the Eviciton notice to move.
Should I call the police so as to have legal evidence, or should I attempt to handle this one my own?
BTW. THe Reason we chose to move suddenly is because the Managment Company has been harrassing us since January. There is a new Manager in the office who did a walk through and decided that our walls needed to be painted, and the carpets proffessionally cleaned. We have lived there for 2yrs with 3 small children. The walls were not painted prior to us moving in, nor were the carpets cleaned. We recieved a bill from the Managment Company for over $650 for these items. Which I believe is also illegal (assesing damages prior to tenant vacating premesis, and charging for wear and tear on the paint)
I just am not sure what to do.
Apparenlty the Managment Co was ignorant of the Law. It has been their Policy to make a house call after business hours the day the 7day Notice to Quit has expired. If they do not see any furniture or clothing they change the locks. They were very unwilling to let us in to the apt regardless. Apparently the hired maintance Co. had the only keys and he was unavailable until SUNDAY. We told them that if someone was not at the Apt. by 4pm today to let us in we would be calling the police. My Husband is there right now picking up our things.
I betcha they won't be making that mistake again...
As an FYI the bill for the painting and the carpet cleaning is illeagal. Those are considered things that will have to be done between tenants anyway and are the responsibility of the landlord. They can charge you for holes in the walls, but not for painting or carpet cleaning. I do not know about the rest of the problem.
That's a sticky one. If they get an eviction notice and a judgement then you have to pay the back rent and the fee's he's trying to stick you with. Even though you don't live there anymore. If you just let it go then he might let it go too. I'd keep an eye on your credit though because one time I moved out and they took me to court without me knowing, got a judgement by default. They sent the notice to an address I hadn't lived at for two years. good luck!
It was completely illegal what the landlord did! You are quite right, unless you notified them of your intent to move by a certain date it you stayed beyond that. I would also fight the $650 fee, you may have a ground to get it dropped if you haven't paid for it yet.
R.,
My husband works for an apartment complex and is an office manager so I asked him. He said in regards to the paint and carpet cleaning he said you should have had a move in inventory checklist that you should have documented that the carpets were not cleaned and the walls not painted. Typically it is not charged back to the tenant for carpet cleaning and painting however there may have been an addendum in your leases that states you can be charged for these items. He did say $650 does seem expensive unless they actually changed the carpets. In regards to the locks he said if you didn't recieve an eviction notice and they changed the locks and took your belongings then he suggest contacting the police so that you have it documented. He did say that the actual eviction date is not always 30 days from the day you get the notice. However if eviction processes were started you would have recieved multiple documents prior to this. He said that your 7 day notice to quit could have actually been an eviction notice depending on the wording. If you have anymore questions you can email me and I will ask him.
Hi hopefully you took pictures prior to moving in, like when you rent a car, do you have the original contract when you first rented the apt? Their should be a list of any problems with carpet, walls, windows, ectra. If so yea, call the police, they could take you to court, but to change the locks, I do not believe they have the right to do that. If you gain access, take a camera, to prove the condition of apt. apon move out, for court should they go that far. Best of luck to you, I am thank full everyday for good neighbors, and to be out of an apt. They have probally been going through your home, when your not their for months. I'm glad you choose to move. I like the responce about taking pic'c with newspaper, to prove the date, good advice.
R.,
You defintely need to contact the authorities and contact Landlord Tenant court in your district to inform them of the situation. If the court gave you 7 days to pay rent or vacate & your 7 days weren't up, they were not to come out there at all. As for the $650 for the carpet and paint, you're not responsible for normal wear and tear period. I would also contact Legal Aid in your area and ask them if there's anything that you can do on a legal side. They may have paid you a visit and saw that you'd moved out basically and decided to change the locks if they hadn't heard anything from you. It doesn't mean that they were right or that you're not intitled to the rest of your belongings. You should contact them and tell them that you are at the property to retrieve the rest of your belongings with the cops. that covers you, and make sure that you take pictures, and videotape (if you own one) with a camcorder your final walk through. Even if you have to use your cell phone for photos/video, I would highly recommend that since this management company is apparently on the shady side.
Best of luck,
A
R. ~
One thing...you only have 7 days after the eviction notice when you're evicted due to not paying rent....it's 30 days if it's for some other reason.
Going to the pollice probably won't do anything....also, the courts tend to side with the landlord.
You could try to find the landlord/tenants rights group, they may be able to help.
D.
I'd talk with the police about it. It sounds like your landlord is unreasonable and the police can oversee you picking up your last things from the house. Also they'll let you know if they even have the right to do this, or if your out of bounds somehow, which doesn't seem like the case to me.
I know one thing about evictions, they are supposed to leave your stuff OUTSIDE the house when they change the locks, so it sounds like they don't know what they're doing. :)
Best wishes!
I would go tot the police. Get it documented and maybe seek a lawyer to know your rights. Good Luck
I would just for advice to see if you can get the rest of your items.
You stated that you had thirty days to move after the seven day notice.....Not necessarily true. But it appear to me that you know the landlord tenant law..have this happen to you before? The Landlord will give you your property if you ask for it and was your rent paid up?
As a landlord, I can tell you that she can not change the locks without a judgment and then a writ of eviction from the court. I would call the police and THIS IS VERY IMPORTANT...when she sends you the bill from your move out, send a certified letter disputing the charges. She then has 45 days to get a court date for a judge to hear the case. If she fails to do so, you could be entitled to double your security deposit back. It should state in your lease that anything ABOVE normal wear and tear is billable. And she should have given you the opportunity to repair the damages yourself before charging you
By law a landlord must put a fresh coat of paint and clean the carpets before a tenant moves in, so that should have been done for you prior to moving in. Then depending on your lease agreement, usually you can be held liable for cleaning your carpet before moving out if it has "excessive" damage. It usually has to be pretty bad for them to even try and enforce this because they know that they have to get it cleaned anyway, and painted, before a new person moves in.sounds like their just trying to stick you with the cost and not pay themselves.
Now about evicting, it is a hassle to evict a tenant because there is so many laws in place to protect them. Your absolutely right that you have 30 days after a eviction notice to move. And you can take a eviction notice to court, well the landlord, if you feel its unjust and the landlord better have a damn good case as to why they issued it.
Why are they trying to collect $650? Didn't you put down a security deposit? Normally its landlords keeping that money for damages and people will fight to get that back.
Maybe there's a lot more to the story but from what you said YES you for sure have a case against them. You should file a report immediately with the police if you plan on pursuing this. They can't just change the locks on you and not let you collect your belongings, especially if the grounds for the eviction notice were wrong in the first place. People always have 30 days.
Its going to cost you to get a lawyer but you could sue them and win I would think.
Talk to the police and talk to a lawyer, maybe they would agree to get paid only if/when you receive a settlement. Most will do that if they feel your case is strong.
I would do it only because these guys sound like total jerks and you can't do whatever you want, they have violated your rights and probably broke a few laws.
I would try not to get the police involved, but I would contact them and let them know you have a few items that you still need to get (they may think you just left those items)and you would like to finish cleaning. Also take pictures of the place when you leave (get a newspaper to prove the date). If they do not want to let you in to do those things call the police and ask for their assistance.
Good Luck
If you were given 7 days and you didn't pay any rent then after those 7 days it would appear correct that the landlord takes possession of the property. You say that you stopped paying rent - how long ago? If you have broken your lease then the landlord can still expect payment for the balance of the lease. It does not sound as if the landlord is particularly professional but I don't think the way you have responded to them is in your best interest. I agree with the other poster that when you receive your closing statement (which should be within 30 days of move-out) you need to dispute the charges within 45 days - if you just ignore the statement and decide not to pay they will send you to collections. If you play by the rules, you should be OK.
Hello R., To protect yourselves legally you need to have a police report done. You have already found that talking with this new manager is not working. Then you need to go to court and make sure that your credit is not effected by this $650 charge. Not to mention getting your proporty back. If you go to your local court house they have booklets for tenants on all of the laws. Good luck.
Hi, R.
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The police likely won't get involved, but they *may* force the landlord to let you get your belongings at an agreed upon time. The police should, however, be familiar with the local immediate laws on such matters (trespassing, etc). The won't be able to do much more than let you in to retrieve your stuff, though. Anything else you'll have to hire an attorney for.
~L.
R.,
We own a rental house and your landlord should not have changed the locks. Your right that they had no legal right to do so. However since you are almost out and just need to gather up the few things you have left there, what I would do is call the landlord and nicely ask if they could let you in to gather up your remaining belongings. If they refuse then I would call the local police dept and explain the situation and let them know you just want your stuff. You may need to go show them your copy of your lease and the 7 Day or Quit Notice. That should be enough to get you in.
At this point I wouldn't worry about doing any more cleaning. I am guessing that you are trying to get your securtiy deposit back? It sounds to me as if the landlord has already made up their mind to find enough wrong to prevent it. You do however have the option of taking them to court to get it but you have to take in to consideration court costs, attorneys fees, and if you are awarded a judgement you are responsible for collecting the money and most likey they won't be willing to just hand it over. You could end up losing more than just the security deposit. Good luck I wish the best to you.
I would DEFINITELY consult a lawyer. It could be a matter of small claims court or it could mean traditional court proceedings. It may be only necessary to have an attorney advise the landlord of intents unless he not only takes back his bill of $650 (that is ludicrous) but allows you to get your stuff. You seemed to fulfil your side of the agreement.
Get a lawyer. quick. and good luck
