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-   -   Entering without legal notice (https://www.askmehelpdesk.com/showthread.php?t=316398)

  • Feb 11, 2009, 10:01 PM
    frumtheolscool
    Entering without legal notice
    Is it against the law to break into a house you've been renting, not geat any notice except a forclosed notice, change the locks and steal any personal possessions in the garage?
  • Feb 12, 2009, 07:59 AM
    George_1950

    Welcome to AMHD. Can you provide more facts to your question?
  • Feb 12, 2009, 09:46 AM
    ScottGem

    Your question is unclear.

    No its not against the law to break into your own house. But the question is whether it IS your own house anymore. If you were renting and the house was foreclosed on, then you should have been served a vacate notice.

    If this did not happen and the locks were changed, then you need to sue the new owner for an unlawful eviction.
  • Feb 12, 2009, 06:55 PM
    frumtheolscool

    Thank you for the answer to my question. And It's the response I wanted to hear. Now, even though we were given NO legal notice, I can still go after the Co. who owns the Property, (taken from our lanlord). I was told I had NO legal rights, and that once the house is in foreclosure, the bank/finance co. can do what ever they want, even go in and take what ever items are inside.
  • Feb 12, 2009, 07:07 PM
    frumtheolscool
    Quote:

    Originally Posted by George_1950 View Post
    Welcome to AMHD. Can you provide more facts to your question?

    We were told by our lanlord the house was being foreclosed. We paid one more rent to them. For 2 months we just saved the rent (to move with) The finance co. came to the house (I will call her Sue) and asked when we were going to be out I told her we are working on it. A couple weeks passed and a letter from a Lawyer (not a legal document) was posted on our door saying we had to be out in 60 days. Fine, 3 weeks from the date we had to vacate, we finally found a place. So we moved almost everything out except for a few things, which I was going after work every other day and carrying what my car could hold, (life goes on when your moving, so work, appt. etc. still have to be done). NOT 1 week passes, and there's guys inside (had to break in) putting carpet down, and everything in the garage was GONE. The locks were also changed.No notice, Nothing saying what the Finance co. was going to do. Thank you.
  • Feb 12, 2009, 07:11 PM
    ScottGem
    That changes things. Since you had moved most of your belongngs, it might be considered that you vacated.

    You can attempt to sue them for the lost property. Since you had not reached the 60 day deadline and had not turned over the keys, then they should have attempted to contact you before they broke in. I think you have a good case, but its not a slam dunk. Did you inform them that you had found a place?

    By the way, the former owner can sue you for unpaid rent, you had no right to withhold rental.
  • Feb 12, 2009, 07:27 PM
    Fr_Chuck

    1. They can not just change the locks legally unless you had moved ( or it appeared you moved to them) If they came over, and there were just some things left they may have believed you were gone and left the rest.

    2. since you had not moved out completely, and had not been legally evicted you had legal rights to your property.

    So they should have contacted you before they charged the locks, and you should have contacted them before you went in.

    You owe for all the unpaid rent unless this is California.

    Even after foreclosure, they had the duty to formally evict you in court

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