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white_head · Sep 24, 2010, 09:55 PM

This month I was unable to pay my rent this month du eto being in the hospital. My boyfriend was in and out of the apartment making sure everything was OK. When I came home on the 23rd all of my thingsn had been removed. I asked the lady that lived across the hall if she saw anything when she stated "the apartment management put everything in the trash. What should I do?

Fr_Chuck · Sep 24, 2010, 11:09 PM

How far behind where you, to evict you, they had to take you to court for an eviction. If you did not pay, and they served notice ( perhaps by putting notice on the door).

So you will need to find out the facts of the eviction to see if it was legal or illegal

ScottGem · Sep 25, 2010, 05:24 AM

Did you notify the apartment management that you were in the hospital? How long were you hospitalized?

The eviction process goes like this. Once a payment is missed the landlord serves a 3-10 pay or quit notice. If the rent isn't paid by then, they file for an eviction order. This requires a hearing at which time an order is issued. They can then get a sheriff to remove your belongings.

So, lets assume rent was due on the first. On the second they could have given a pay or quit which brings you to the 7th. On the 8th they file for an eviction. Maybe they get a hearing the following week. So the timeline is close that they could have gotten a legal order to remove your belongings.

If you had informed them of your hospitalization and they did not serve you properly, you might have a lawsuit against them. We need more details here. The first thing you need to find out is if an eviction order was issued. Check with your local housing court. If no order was issued, get an attorney and file suit.

AK lawyer · Sep 25, 2010, 05:48 AM

Originally Posted by white_head

This month I was unable to pay my rent this month du eto being in the hospital. My boyfriend was in and out of the apartment making sure everything was ok. When I came home on the 23rd all of my thingsn had been removed. I asked the lady that lived across the hall if she saw anything when she stated "the apartment managment put everything in the trash. what should I do?

What state are you in?

Your key still worked?

In addition to the things Fr_Chuck and ScottGemm asked, I would ask if you have reported this to the police. Because until you spoke to the neighbor, it would have appeared to be a burglary. The police may be able to tell you if they had a court order to remove your possessions.

Have you asked the apartment management if the neighbor's story about them is correct? If it is, ask them what, if any notice they gave you and what if any court order they obtained before they threw your stuff out.

It looks like you may have a case, but you or your lawyer should start by asking these basic questions.

JudyKayTee · Sep 25, 2010, 07:29 AM

The boyfriend was in and out? Good possibility he was served as a responsible party.

Hopefully OP will come back with answers.