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Is my landlord breaking the law...?
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Is my landlord breaking the law...?

by refusing entry to my apartment to collect my stuff on the grounds that i have moved out without paying my rent.....although my rent is due on april 1st and I had not stated at any point that was i was moving out or expressed intention of not paying my rent?
Additional Details
I pay in arrears so i am required to pay my rent for the previous month on the first of the next month. I will be paying for the month of march on the 1st of april.


    




keefsgirl13
Rating
He legally cannot keep your belongings. If he wants to evict you then he has to give thirty days in most states to remove your belongings. I'm guessing that the reason that you want to "collect your stuff" is that he is refusing your entery to your apartment. At this point i would get the police involved possibly a lawyer, he should have a security deposit that is equal to one month's rent. If you have the money for the last month i would discuss with a lawyer about them holding it until you get your belongings. Even if you did move out without telling him the only thing he would be allowed to keep is your security deposit and he could try to take you to small claims court to get the rent you owe or any other money that would be payment for breaking your lease. You say he's doing this because you were taking some of your belongings to your car..he has no right to stop you from removing all your belongings from your house. For all he knows you could have changed your living habits and decided that you want to have all red pillows as your furniture and he has no say in that unless it's specifically stated in your lease that there has to be more than red pillows in your apartment. Contacting a lawyer and the local authorities will give you more insight into what is in your legal rights or not. Make sure you have a copy of your lease.


Randall D
Rating
yup, call the police right now.


I carry your heart with me...
Rating
It depends on your state. Still you should go to the police and see what they say.


TJ C
yes.
u have paid thru march 31st right?


pebbles06106
yes he is. you have tenant rights.

www.hud.gov/renting/tenantrights.cfm


Mommy to Lauryn and Sydney
Ahhh, YEAH your rent is not even due yet!! Call the police and have them let you in!!


Jelly Bean
The apartment is yours until the day the rent is due again. Actually the landlord would have to serve you with a 30 day to vacant the premises order before he could evict you anyway. You cannot lawfully be kept out of your apartment. Call the police and have them meet you there to confront the landlord to be let into your apartment.


guyster
If I understand you, he is breaking the law.

States have various landlord/tennant laws. You can look them up on your state's website. Also, there are many local tennant's rights groups that may offer free advice on this.


Glinda W
Rating
nope he has unlawfully evicted you. If he changed the locks, take him to small claims court, get your chit and some some bucks for the unlawful eviction.


confused_Student
OMG ARE YOU SERIOUS? Don't waste another second to call the police.


loveher_mommy29
Rating
First of all it is not April 1st. So why would you even have to pay him yet? Unless March was never paid? Are you already out of the apartment? not enough info to answer exactly sorry


Fatboy
Your landlord is breaking the law. Call the police and he/she will have to let you in move your stuff out.


AsparagusBerry
Rating
you are payed up until the first, he can not refuse your entry until then.


Esqulax
Rating
yes. if he has issues, he can only use your security deposit as collateral.
Other than that he's effectively Stealing your stuff


Matthew Kennedy
yes they are breaking the law. you should get in contact with the authorities. if you had not payed your rent it might be a different story.


homegirl
If your rent is paid through the 31st of March it is still your rental apartment. Can you prove you paid the rent?


amberâ„¢
Rating
Yes most likely


fourofsix2003
not if you are late or havent paid last months rent,no.And you already stated that you moved out without paying your rent,so no,hes not breaking the law.you,are most likely are though,depending on what your lease states.


Untamed Rose
Rating
contact police department to let you in to get your things

contact local Realtor board/real estate commission and file a complaint

you might also be able to take them to small claims court and get your security and any other losses back

this is of course based upon what your telling us.

a landlord

are you sure your contract says your paying in arrears? never ever heard of a landlord doing that.


Deb W
Yes, sounds like it. Call the cops.


That Dude
o yea, call the POLICE


Fire Fighter
The police will stand by while you go in and collect all of your things.
Call them right away and tell them your situation.


Megan S
If your rent's not due until tomorrow and there was no communication about moving out, then you're both still required to give 30 days notice (generally) - the landlord is required to give you 30 days notice for an eviction of any kind, though.


CJ
Rating
More information is needed. However, as far as I know, it is illegal to lock someone out and not allow them to get their stuff. It's really odd that your landlord believes you moved out when you say you haven't.

Call the police and ask for assistance with entering the apartment to get your stuff, and then call the court on Monday.

Also, if you haven't moved out, then why are you even requesting entry to "get your stuff"? Why not entry period until such time as you give notice?


SmileItsNotThatSerious
YES


Dead Zone
I can tell you with absolute certainty that he is.


John
then tell him that


saberfire12
Rating
I'd say yes call the housing authority of your town, you got into your apart. somehow to put the stuff in, he has no right to block you, say if you were faking moving out or decide not to move, or whatever how could he block you, what would you do sleep on the street at night, did you have to give 30 days notice, or anything, I'd read your rental contract, if that's not locked up, if you are caught up, then YOU ARE STILL LIVING THERE PAID IN FULL AND UP TO DATE HE CAN'T BLOCK YOU CALL COPS, also I think you might have to give some kind of heads up so that he has time to get another renter in. It's a hard call. But he has no right to block you, as long as youre paid up. If you owe anything later is up to your contract, or deposit being lost, etc. Also by paying in arrears that is the contract, you are STILL allowed to be in that apt. call cops. So everytime you take laundry to get washed, or presents to somebody's house he thinks you are moving, if you were behind he might worry, tell him what you are doing, and he cant do it, he has your info. if you don't pay, and can sue you if you didn't pay. Sounds like he is an a**h*le I'd move out later.


raichasays
Rating
Depends on where you live, but in the US the landlord is probably violating your rental agreement (if you are paid up through March). You can try calling the police to go with you and get access to your things, but they may not help you. They might just call it a civil matter. But give it a shot and call them.

As for the rent and moving out--if you are moving out now without giving notice to the landlord, you may end up owing at least another month's rent even after you leave.


James L
yes





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