What are my rights if my landlord moved someone else in to my apartment and removed all of my belongings even though Ipaid until the 5th of next month?

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What are my rights if my landlord moved someone else in to my apartment and removed all of my belongings even though Ipaid until the 5th of next month?

I had rented an apartment and paid until the 5th of next month. I moved a week ago and took most of my belongings with me. I recently went to my old apartment to grab some things and opened the door to find that all of my stuff had been removed and there were new occupants. What can I/should I do?I had legally paid until the 5th so I should have about 19 days left paid.

Asked on December 20, 2011 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are right--if you paid until the 5th, then you should have possession until the 5th. You may sue the landlord for any damages or lossses you thereby suffered--if any of your belongings were damaged; if you have had to pay to live elsewhere or  to store  your belongings; etc. Technically you could also sue to gain possesion of the apartment, though that's hardly worthwhile--your possession would be up before  the case is heard--though you also may be able to recover the pro rata share of rent for the period when possession was taken from you.


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