Can someone withhold my property if they did not give me prior notice of having to leave?

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Can someone withhold my property if they did not give me prior notice of having to leave?

I was a live-in nanny working for room and board. I was recently “kicked out” due to an incorrect accusation. The lady I was nannying for gave me no notice that I was being kicked out and told me to get off the property. I was unable to grab any clothes or shoes. She is withholding my property until I can get someone to haul it out of the house for me all together. She refuses to let me go over to the house to grab my clothes and shoes. What are my legal rights and is she legally able to do this?

Asked on September 30, 2011 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) She has no write to withhold any of your property--it's one thing to ask you to coordinate with her and come over at some time she's around, but another to simplyl not you get to any of it until it suits her. You may be able to press a criminal complaint against her for detaining your property.

2) You may also have a cause of eviction for improper eviction. Even if you are working for room and board, you can't simply be summarily kicked out, even if your employment ends--you have certain procedural rights which must be honored.

If possible, speak with an attorney--you may have a cause of action. If you can't afford one, consider trying to contact Legal Services (legal aid).


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