Can my landlord seize my trailer for non-payment of space rent?

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Can my landlord seize my trailer for non-payment of space rent?

I live in a 5th wheel trailer that I own in an RV park. I pay rent for the space on a 30 day basis. When my landlords heard I was moving, they put a 5th wheel hitch lock on my trailer and refuse to unlock it until I pay rent. What can I do?

Asked on December 22, 2011 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord's placement of a lock on your trailer to prevent you from moving without paying your rent in full is a violation of many state's statutes precluding the landlord from using self help to collect due rent from the tenant.

I suggest that you first speak with your landlord in person about what he or she did and follow up with a written letter to try to get the lock voluntarily removed. Keep a copy of the letter for future use.

If the landlord refuses to voluntarily remove the lock, your recourse would be to contact a landlord tenant attorney about the situation.


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