How can a new landlord be forced to give me access to my belongings after a foreclosure eviction?

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How can a new landlord be forced to give me access to my belongings after a foreclosure eviction?

My family was evicted on 08/24/10. We were tenants and the home was foreclosed. We were informed the next day that the new landlord had moved all our stuff out into a storage facility. We didn’t hear anything again until today, 08/30. The landlord said he was never going to tell us where our stuff was and that we owed him $8,000 in moving and storage costs. He won’t even allow us to retrieve any clothing items or documents. We looked in the windows of our house and saw that our grand piano and pictures and numerous other items are still there. What can we do?

Asked on August 30, 2010 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to go an see an attorney as soon as you can here.  Tenants in foreclousre have numerous rights, and President Obama signed a Federal Law in 2009 giving you more.  First, you state that you were evicted.  Legally?  Taken to court?  Well then if you were the landlord can not self help himself to your things.  Only a sheriff or Marshall can physically remove your belongings and you would be given notice of this.  And they do not place them in to storage as a general rule.  The put them on the lawn for all to take.  And the Marshall changes the lock. So your landlord is not telling the truth here.  Here is an article that gives an overview of the matter.  Read it and then get help.  Good luck.

http://www.prlog.org/10333033-new-federal-law-protects-tenants-from-being-kicked-out-after-foreclosure-gorenter.html


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