What to do if I have been locked out of my security gate before my eviction has been heard in court?

UPDATED: Sep 7, 2011

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What to do if I have been locked out of my security gate before my eviction has been heard in court?

About 4 days ago I was served a dispossessory warrant due to non-payment. I was recently laid off without notice. I went today to remove my belongings only to realize my gate card was deactivated and I was removed from the call box. Can the leasing office do this before my answer date?

Asked on September 7, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most states in this country have laws preventing landlord self help to evict a tenant by lock out or retaliatory eviction. Rather, a landlord and/or his agent must abide by statutory process in order to evict a tenant set forth by the laws of each state in this country.

From what you have written, it appears that the leasing office for your rental has engaged in a self help method to evict you through de-activation of of the gate card you have to obtain access to the complex as well as removing your call number/name from the call box so that you can obtain access.

The above would seemingly be improper under Georgia law since the eviction proceeding against you has yet to be heard in court.

Good luck.

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