Follow up from later post.

[MeowTheCow]

Okay well this is a follow up from my question below.

As my last post stated me and my boyfriend were moving out of a duplex. We were waiting to give our landlord 30 days after we got our things out because we were kinda scared he would change locks while we were still moving.

Wednesday morning he called and left a message stated we had to leave that day and today (Thursday) he would be coming to change the locks and throwing whatever we left out. We also got a letter in the mail box at the duplex we lived (we had to get a few things out we left because it has been raining the last two days so we checked the mail for christmas cards) that stated we would have to pay the electric bill and rent by Friday the 19th or he would come change the locks.

Isn't all of this against the law because he didn't give 30 days? Also, since he didn't give 30 days if we still had things inside the house and he threw them out wouldn't that be too? Also, someone (a friend of my boyfriend's grandmother) told us that it was against the law he turned the lights off without some type of notice besides two days.

They told us we should take it to small claims court and get back our money which we probably won't do unless he tries to sue us for something.

 

[jacksgal]

Meow: It would have been much easier if you had linked your old thread to this one. Some of us over 40 crowd dont rememeber like we use to:yes: I havent reread it yet but for others here is that thread


http://www.thelaw.com/forums/showthread.php?t=30738

 

[Gail_in_Georgia]

Was this notice from the landlord or the court?

A landlord cannot do a self eviction, i.e., they cannot change locks nor toss out your things without a court granted eviction.

Gail

 

[MeowTheCow]

it was self because all he did was call and send a letter saying by friday but he called on a wednesday...he didn't even serve any papers..

sorry for not linking

 

[Gail_in_Georgia]

It would be illegal for your landlord to do what is known as a "self-eviction" (i.e., changing the locks, tossing your property out) without a court having granted him the right to an eviction.

Most evictions occur when tenants fail to pay their rent. The usual steps are for the landlord to serve the tenants (typically through the mail and leaving a notice on their door) a "Pay or Quit" notice; i.e., pay up any owed rent by a certain date or leave.

Failure to do either will usually result in the landlord filing for an actual eviction through the local court system. If this is done, the tenant is "served" with a notice that a request for an eviction has been filed against them. They could either ignore the notice (and the eviction would be granted) or they can answer the notice and show up at court on the day of the hearing to argue why they shouldn't be evicted.

It's not until the court rules for the landlord and grants the eviction that the actual process of kicking someone out, changing locks, etc. can be undertaken under the watchful eye of a local law enforcement officer.

Gail