I was living with a friend and paying him rent, he was not paying the rent and little did I know he was in the process of being evicted. The police came one day and stated that the 24 hours was up after they had previously posted something on the door that stated 24 hours till we must be out. My roommate had taken that off the door and I did not know of this, The police then said that we had to leave and could not gather any other belongings because we had been given sufficient notice. Can they do this and is it legeal for them not to give me my things? What are my rights.:mad:

Hello jake:

Much depends on what state you live in. However, I don't believe they can effect an eviction by just throwing YOU out without letting you take your belongings. Besides, the landlord wants it out too.

It's a very interesting question. Maybe somebody else has a solution.

In the meanwhile, I'd file a small claims law suit against both the landlord and the police. Let the judge tell you what rights you have to your property. He should know best. The worst that can happen is that you'll lose what you've already lost - plus maybe $50 in court costs. Bit deal.

Go for it, dude. Kick some cop butt.

excon

Actually, if he wasn't on the lease, he may have to go after his FRIEND for reimbursement of his stuff, plus costs and all that jazz.

Granted, I've got no legal background whatsoever, but common sense says to me that while his stuff is his, he's going to have a hard time PROVING that it's his, and not his roommate's.

Hello again, Syn:

I agree, and that's why his case against the landlord is weak. It's still no reason NOT to sue the landlord. Plus, you're right about the roomy. He should be included in the lawsuit too.

However, when the cops come to evict someone, they don't want to know who it is they're putting out, and they don't care who owns the stuff they're putting out. But, not only do I suggest the cops have to allow a resident to remove his property, I believe they should insist on it.

Therefore, I think his case against the cops is strong. Besides, I want him to kick some cop butt.

excon

The only thing that bothers me about the idea of the cops letting people in to get their stuff is this:

If he's not on the lease, and he's not on the eviction notice... then why should the cops let him in? To them, he's technically some guy off the street.

Being evicted is bad, but not bad enough to be punished by letting some guy off the street in to pick through the belongings in the apartment.

Quote:

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Originally Posted by Synnen

The only thing that bothers me about the idea of the cops letting people in to get their stuff is this

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Hello again, Syn:

Ahaa, and therein lies the rub. I didn't get that the cops wouldn't LET HIM IN. I got that he was already in, and THEY PUT HIM OUT.

If it's as you see it, you're right. The cops have no obligation to let him in. Indeed, they have an obligation to keep him out.

But, as I read it, he was just laying there watching TV when there was this knock on the door... Ok, maybe I made some of that stuff up, but I think he was there.

excon

Quote:

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Originally Posted by Synnen

The only thing that bothers me about the idea of the cops letting people in to get their stuff is this:

If he's not on the lease, and he's not on the eviction notice...then why should the cops let him in? To them, he's technically some guy off the street.

Being evicted is bad, but not bad enough to be punished by letting some guy off the street in to pick through the belongings in the apartment.

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I agree, I am not on the lease but isn't the law that I have rights to gather property prior to certain amount of time after It can be proven that I was notifed? Where can I find legal and official rules on this matter? Thank you

Hello again, jake:

You can find your states landlord tenant law right here at the top of this forum. But, even if you read it, and even if you understood it, it won't tell you what to do. I told you what to do.

excon

Quote:

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Originally Posted by excon

Hello again, Syn:

Ahaa, and therein lies the rub. I didn't get that the cops wouldn't LET HIM IN. I got that he was already in, and THEY PUT HIM OUT.

If it's as you see it, you're right. The cops have no obligation to let him in. Indeed, they have an obligation to keep him out.

But, as I read it, he was just laying there watchin TV when there was this knock on the door....... Ok, maybe I made some of that stuff up, but I think he was there.

excon

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Yes I was in the house they beat on the door, I answered and they said "get out and your 24 hours has expired." I saod I am not on the lease and I rent from the leaseholder they said the problem lies with him and the judge granted authority to landlord to take possession of said property. All things left in house according to the 24 hour were to be confiscated and deemed property of landlord. Where is this forum