[robbie86]

I have a friend who's partner of 10+ yrs just up and kicked him out of there house. Both names were on the lease and somehow they removed his without his knowledge. They have been refusing him his belongings for the past 2 weeks and today he received a message explaining that his belongings were outside in the backyard, and that he wasn't allowed to set foot on the property. What do we do?

[ScottGem]

First he should call the police report it. Tell them he has been illegally kicked out of his home (should have done that immediately) and file charges (see below). Ask that the police accompany him so he can, at least, pick up his belongings. Explain, if necessary, that he has been told his belongings have been dumped in the yard and he needs to get them before they are damaged or stolen, but has been told he can't set foot on the property.

The police should accompany him to pick up his belongings. Tomorrow, he files charges and a civil lawsuit his partner and the landlord for an illegal eviction.

Here's the law for Kansas:
KSA 58-2570: Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form.

This site also has information for you:
http://www.hcci-ks.org/Kansas%20Tena...k%20(2007).pdf

I've copied the part on illegal evictions that starts on page 31:
ILLEGAL EVICTIONS
There is only one kind of “forcible” eviction which is legal. The landlord must give the tenant a proper eviction notice, take the case before a proper court, get a judgment against the tenant, and then, if the tenant still doesn't move, wait for the sheriff to evict the tenant. All other methods are illegal.

Illegal methods (also called “constructive evictions,” “unlawful removal“) include such self-help measures as locking the tenant out, taking the tenant's belongings and putting them in storage or throwing them away, and shutting off the electricity, gas, water, or other essential services. If a landlord resorts to such measures, the tenant may recover possession or end the rental agreement. If you decide to move out, the landlord must return whatever amount of the security deposit you are entitled to collect. In either case, Kansas law provides that the tenant may also recover an amount equal to 1½ times the monthly rent or actual damages, whichever is greater. In a Kansas Supreme Court case, the tenants were awarded $1000 in “punitive” damages in a similar situation. If the landlord illegally locks you out, you may get back into the rental unit if you can do so without damaging the property. You can call a locksmith to get back in. If you have to stay someplace else, eat out and/or have to replace personal items until you can get back in, keep track of all the expenses the landlord's action costs you. Personal safety should always be the
primary consideration.

The Landlord-Tenant Act is civil law. However when a landlord acts to force you out without following the proper process, you can call the police, file a report, and file charges under criminal law. A landlord can be charged with Criminal Deprivation of Property if you have been barred from entering or Theft if your personal property has been removed.

I don't know what justification, if any, the partner had for kicking him out. If it was a safety issue the partner should have called the police and filed for a restraining order.

The only problem I see if your friend spinning his wheels for 2 weeks when there were legal remedies he should have immediately employed.