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mhalt7 · May 21, 2009, 08:20 PM

Its kind of long situation. I will try to make it short. I have three kids and my husband well we moved in this apt in march and the landlord isn't fair to us the man downstairs has a son with her and he has a pool which we aren't allowed to use let alone the attic or basement for storage she says if it can't fit in the house you shouldn't have it. I pay 500 for rent and 1000 for security. So I talked to some tennants who have the same landlord a few doors away and he said if we tell her we are moving out she will start court proceedings to lock our doors with all our stuff inside of the apt. I owe her 100 now for the rest of this month and 100 for security so 200 I know she can probably kick us out but I went across the street to talk to her but she went out of town for the weekend so I also wanted to ask her for a copy of my lease. My husband went over on the third oflast month to pay the rent and she told him to come back tomarrow so now she is charging him 35 dollar late fee plus my toilet was leaking and the maintenance man came to look at it well he went back and told her the toilet was cracked so she is charging me for a new toilet which it was cracked before we moved in. I can't take living here so I want to know does she have the right to keep my belongings?

LisaB4657 · May 21, 2009, 08:36 PM

No, she cannot keep your belongings. If she starts court proceedings you will get written notice ahead of time. If she wins in court you will get written notice before the locks get changed. You will have plenty of opportunity to get your belongings out of the house.

mhalt7 · May 21, 2009, 08:45 PM

How do you know about this and I was just wondering is it different the laws where you are than here in buffalo, ny and if not can't she lock the doors anytime she wants as long as she gets the sherriff? And how long does it take for the eviction? I have no where to go and nobody to help us out no family and hubbies family is in another state.

LisaB4657 · May 22, 2009, 05:54 AM

First, please respond in the same thread instead of starting a new one. This keeps all of your info together. I've merged them.

Second, yes, I am an attorney. I practice in NJ.

Third, I know about evictions because I appeared in court an average of 4 times per month, every month, for over 12 years, just for evictions. I represented the landlord.

Fourth, the laws are different among the states, but in every state in the US it is illegal for a landlord to lock out a tenant without going through legal eviction proceedings. In every state the landlord must file a lawsuit for eviction and the tenant must be notified. The tenant then gets an opportunity to appear in court and present their side of the case. If the judge grants a judgment of eviction for the landlord then the landlord must request that the sheriff or constable perform the eviction. The tenant must be given written notice by the sheriff or constable before the eviction is performed.

If the landlord is evicting you for non-payment of rent then you can pay all amounts in full at any time up until the court date and the eviction will be dismissed.

The length of time for the eviction depends on how busy the courts and constables are in your area. It could take anywhere from 10 days to 2 months. But you'll be given written notice before you're actually evicted.

For help, try contacting churches or community organizations in your area. Contact the court clerk's office and ask if there are any agencies that provide rental assistance.

If your landlord tries to lock you out of the house without going through the courts or obtaining an eviction order, contact the police.

this8384 · May 22, 2009, 07:26 AM

Putting the legal aspect aside, you have a lot of complaints about what you're not allowed to use, which raises the question: why weren't these things an issue when you signed the lease?

I'm just asking because if this ends up in court and that's your reasoning, a judge is going to ask you the same question.

JudyKayTee · May 22, 2009, 08:12 AM

Originally Posted by mhalt7

how do you know about this and i was just wondering is it different the laws where you are than here in buffalo, ny and if not can't she lock the doors anytime she wants as long as she gets the sherriff? and how long does it take for the eviction? i have no where to go and nobody to help us out no family and hubbies family is in another state.

Lisa is right and also I am actually in NY. No, she can't lock the doors and lock up your "stuff." She has to evict you according to NY law. I don't know at this point if she even has grounds to evict you. If you are locked out you are entitled to TRIPLE DAMAGES and the landlord can be arrested.

Here is the portion of NY law which concerns possessions:

"To evict a New York tenant, a landlord must sue in court and win the case.

Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, city marshals and deputy sheriffs are the only public officers authorized to request a Warrant of Eviction from the court. A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture. Also, if you are evicted, take ALL your belongings.

In an eviction, the tenant's belongings are moved under the supervision of the marshal and stored at a private warehouse. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)"