Landlord illegally evicted me and disposed of some of my belongings.

[jermeiahdennis]

My jurisdiction is: Florida, USA

I fell behind on my rent, and my landlord came to an agreement on payment, and catching up on what was due. I followed this agreement and paid him every week. After about a month of this, my landlord came to me and gave me a 3 day notice to pay or vacate the premises. He gave me this notice before my next payment to him was due. He then proceeded to tell me that he thinks I got in over my head, and could not afford the rent. He also said that he found someone to rent the condo, and pay three months up front. My landlord asked me to move out within ten days, or give him everything I owed and pay rent on time on the first. This was about $1300. I told him that I couldn't come up with that amount in 4 days. He then said, fine, move out in ten days, and I will not hold you responsible for the remainder of the lease. I agreed to do so and I told him I would need a couple extra days to move over the weekend. He agreed, and told me we would do a final walkthrough and sign the document relieving me of responsibility on Monday, Nov. 10th. The weekend of the move he called me and asked how the move was coming along. I told him that it was going well, and that there were just a few things I would need to pick up on Monday before we did the walkthrough. Everything else was moved out, and the condo was cleaned spotless. He agreed, and I thought everything was just fine. Then Monday morning came. My landlord called me and was ranting about the condition of the apartment. I did not understand this. The apartment was left in better condition than when I moved in. He then told me that all of the things that I was planning to pick up have been thrown away, and that he changed the locks. I have since filed a police report and asked him to return my things. His reply was #*@! you, see you in court. Do I have a case here? How can he just change the locks, and throw my things out. I never got the walkthrough I am entitled to either. What can I sue him for? Do you think I will win?

 

[Gail_in_Georgia]

Actually, your landlord did not evict you. He was actually fairly generous giving you the ability to walk away from your current lease and not having to pay the $1300 you owe.

On the other hand, he had no business throwing your things away and changing the locks before the final walk through that you both agreed upon. That could certainly be argued as an illegal eviction on his part.

You can sue him for the cost of the items you left behind and he tossed out. He will likely sue you for the money you already owed and the cost of fixing the damages to the rental unit that seems to have gotten him so worked up on Monday.

Your problem is that you must, somehow, prove the worth of what was tossed out. The court will ask for copies of receipts/descriptions of what you lost, something most people do not keep. Your landlord will have an easier time presenting his evidence on what you owed and, if he's taken pictures of the place, the condition of the condo. You both might win in that the judge will rule the landlord has to reimburse you for tossed items but you have to reimburse for owed rent and damages.

It seems to me what you need to do is sit down and determine if the worth of what was tossed out equals the amount of rent that you owed. If not, then it might be better simply to let this go and move on.

I hope this makes sense.

Gail