What are our rights if my landlord evicted us without notice and disposed all our belongings?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are our rights if my landlord evicted us without notice and disposed all our belongings?

I was late with 1 month’s rent. The landlord was informed that I was going overseas. By the time I returned, nothing was their in the office.

Asked on June 26, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This was an illegal eviction: in your state, a landlord may not simply lock out a tenant or dispose of his/her belongings. Rather, you must first be served with a notice, warning you to pay rent; then if you do not pay rent, the landlord must file an eviction action in court--all evictions are through the courts. You could sue the landlord for the value of your property and for compensation for being illegally locked out, if the landlord did not do this, but simply locked you out on his/her own while disposing of your possessions.

Note though that while the landlord may have violated procedural rules based on what you write, as a general matter, going overseas would not let you pay rent late, even if the landlord knew of your trip. You'd have to make arrangements to have the rent paid for you on time, or else pay it in advance. If the landlord had gone through the proper procedures, you could be evicted for being one month late on rent.


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