Can my former landlord keep my personal property after an eviction?

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Can my former landlord keep my personal property after an eviction?

We went to court and objected to the fees and amount due however we were told that if we wanted to object to it that we had to give the court $5,600 so we had to agree to it. We were told that we had to be out by the11th and would owe the landlord $5,600. We were looking into appealing the judgment but then 4 days before the 11th the sheriff shows up and evicted us. We told the landlord and the sheriff that we had movers coming the very next day, showed them the letter from the judge that stated we had until the 11th but we were told we had to leave and couldn’t finish moving. Everything of ours was left behind. We immediatly contacted the landlord by text, calling and certified mail and still nothing. We were also told by the sheriff that we could come back and pick up our boat in the driveway, however when we came back, the boat was gone. We contacted the police and they would not do anything for us, even though the boat is our daughter’s and does not belong to us. We have tried to contact several lawyers/attorneys; we have heard nothing back. My husband is looking for a job but can’t even interview because everything was at our house, all of his clothes and shoes. All we have is our clothes on our back and 1 pair of tennis shoes. All of our family photos and items seem to be gone.

Asked on September 23, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry a landlord cannot simply "take" a former tenant's property such as your boat after an eviction. The only time a tenant's belongings post eviction can be disposed of post eviction are if the belongings are "abandoned" and only after proper notice and legal procedures are followed.

What the landlord did was legally wrong. I suggest that you consult with a landlord tenant attorney to discuss that your legal options are.


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