Can my landlord throw out my belongings without a writ of possession and, if not, can I sue for the cost of my things?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption