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Old 01-04-2013, 09:41 PM
 
Location: Charlotte, NC
1 posts, read 856 times
Reputation: 10
Arrow Any Real Estate- Eviction Professionals Out there? I have a ? and NEED HELP!

Recently, I came home to find out that my boyfriend and his Mother changed the locks on our apartment and would not give me a key nor allow me to gain entry. All of my belongings, medication and furniture were still inside the apartment. I went to the apartment office and they advised me that I was only listed on the lease as an “occupant” and since my boyfriend and his Mother came to the office and removed me from the lease, there was nothing they could do to help me and that I should call the police for an escort to get my personal belongings, which I did and made my way to the homeless shelter. After I got my personal belongings (just clothes, medicine & what the police would allow me to take) I was banned from the property, for no legal reason.
According to the NC General Statutes (Chapter 42) a landlord has to show cause and file for eviction with the court and give the tenant (or tenants’ tenant) 30 days notice (as ruled by a Judge in court) in order to evict someone, change locks, etc. The property (BH Management – Runaway Bay Apartments) did not ask my boyfriend for this paperwork nor did they take proper action when they allowed him to remove me and evict without proper paperwork.
Do I have a case against BH Management for allowing me homeless, banning me from the property so that I am unable to get the rest of my belongings, etc? Does anyone know who I can contact to file a complaint against them? I do not have the money for an attorney.
Thank you so much.
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Old 01-04-2013, 11:21 PM
 
Location: Charlotte, NC
2,218 posts, read 2,495,687 times
Reputation: 1715
You're probably screwed here. The more likely scenario here is that they renewed their lease, excluding you from it. This will most likely be a solid defense should you ever go to court. This is not illegal since you were not leasing from the company. Even then, you still have to pay to file and the apartment manager could go after you or damages if there are any. The sword can cut both ways here. As far as banning you from the property, I am 99% sure they can do that legally.

I'd have to say the best play here is to work something out to retrieve the remainder of your belongings and try to move on. Your chances of winning a lawsuit are slim if I had to guess.
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Old 01-05-2013, 07:19 AM
 
Location: Charlotte, NC
7,042 posts, read 8,287,485 times
Reputation: 2220
Quote:
Originally Posted by spankys bbq View Post
You're probably screwed here. The more likely scenario here is that they renewed their lease, excluding you from it. This will most likely be a solid defense should you ever go to court. This is not illegal since you were not leasing from the company. Even then, you still have to pay to file and the apartment manager could go after you or damages if there are any. The sword can cut both ways here. As far as banning you from the property, I am 99% sure they can do that legally.

I'd have to say the best play here is to work something out to retrieve the remainder of your belongings and try to move on. Your chances of winning a lawsuit are slim if I had to guess.
Agreed. Since you were an occupant only, no attorney will even take the case. Sorry!
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Old 01-05-2013, 08:35 AM
 
Location: Charlotte, NC
2,349 posts, read 2,112,423 times
Reputation: 2952
Your boyfriend was not your landlord, he didn't need to file anything legally. I'd let go & move on, apartment management knows the legalities, it wouldn't be worth your time & effort to do anything else. I do know if you're at the Women's Shelter, they have programs to help you get on your feet, find work, manage money, etc. THAT would be worth pursuing.
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Old 01-05-2013, 09:07 AM
 
162 posts, read 59,886 times
Reputation: 125
I am sorry this is happening to you. I do not have any legal advice for you, but if you are not comfortable at the shelter please feel free to DM. I know of a non profit organization that has beds available. It is a home like setting unlike a shelter.

Good luck to you.


Quote:
Originally Posted by onaco View Post
Recently, I came home to find out that my boyfriend and his Mother changed the locks on our apartment and would not give me a key nor allow me to gain entry. All of my belongings, medication and furniture were still inside the apartment. I went to the apartment office and they advised me that I was only listed on the lease as an “occupant” and since my boyfriend and his Mother came to the office and removed me from the lease, there was nothing they could do to help me and that I should call the police for an escort to get my personal belongings, which I did and made my way to the homeless shelter. After I got my personal belongings (just clothes, medicine & what the police would allow me to take) I was banned from the property, for no legal reason.
According to the NC General Statutes (Chapter 42) a landlord has to show cause and file for eviction with the court and give the tenant (or tenants’ tenant) 30 days notice (as ruled by a Judge in court) in order to evict someone, change locks, etc. The property (BH Management – Runaway Bay Apartments) did not ask my boyfriend for this paperwork nor did they take proper action when they allowed him to remove me and evict without proper paperwork.
Do I have a case against BH Management for allowing me homeless, banning me from the property so that I am unable to get the rest of my belongings, etc? Does anyone know who I can contact to file a complaint against them? I do not have the money for an attorney.
Thank you so much.
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Old 01-05-2013, 09:14 AM
 
Location: SW Missouri
14,650 posts, read 16,133,694 times
Reputation: 18557
Quote:
Originally Posted by onaco View Post
Recently, I came home to find out that my boyfriend and his Mother changed the locks on our apartment and would not give me a key nor allow me to gain entry. All of my belongings, medication and furniture were still inside the apartment. I went to the apartment office and they advised me that I was only listed on the lease as an “occupant” and since my boyfriend and his Mother came to the office and removed me from the lease, there was nothing they could do to help me and that I should call the police for an escort to get my personal belongings, which I did and made my way to the homeless shelter. After I got my personal belongings (just clothes, medicine & what the police would allow me to take) I was banned from the property, for no legal reason.
According to the NC General Statutes (Chapter 42) a landlord has to show cause and file for eviction with the court and give the tenant (or tenants’ tenant) 30 days notice (as ruled by a Judge in court) in order to evict someone, change locks, etc. The property (BH Management – Runaway Bay Apartments) did not ask my boyfriend for this paperwork nor did they take proper action when they allowed him to remove me and evict without proper paperwork.
Do I have a case against BH Management for allowing me homeless, banning me from the property so that I am unable to get the rest of my belongings, etc? Does anyone know who I can contact to file a complaint against them? I do not have the money for an attorney.
Thank you so much.
If your signature did not appear on the lease, which is the legal, binding document and therefore, a contractual obligation, the statute does not apply to you. No obligation = no rights.

Next time: get married first, sign the lease, and don't pick a mama's boy.

Education is expensive.

20yrsinBranson
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Old 01-05-2013, 12:07 PM
 
3,213 posts, read 2,875,832 times
Reputation: 1323
Agree with most of what's been said and they have offered some good suggestions to hopefully help you get through this. So is it safe to say he's not your boyfriend anymore?
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Old 01-05-2013, 06:10 PM
 
3,188 posts, read 1,121,621 times
Reputation: 1818
I have been through this sort of thing. The reason most leases are long is because they all contain parts about them being able to evict you for about anything they want at any time they want and you have to leave then . If you do not have a legal lease you have no legal standing ...sorry Next time you will know better.
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Old 01-11-2013, 11:44 AM
 
374 posts, read 398,164 times
Reputation: 352
I'm sure you may not be around, but in case you are.

As most have said you are an Occupant and not a Tenant therefore Landlord/Tenant laws do not apply to you and the APARTMENT COMPANY. This fact is specifically why all persons over the age of 18 living at the property should be on the lease as tenants and not just occupants.

HOWEVER, if you can prove via checkstubs or some other kind of receipts that you had and agreement with your BF to help pay rent and/or utilities then you do have grounds to file suit against him for locking you out since you in essence have a verbal lease with him. No lawyer will take yr case most likely but you can start with Legal Aide.
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Old 01-11-2013, 01:25 PM
 
Location: Fort Mill SC
185 posts, read 168,392 times
Reputation: 152
I was a leasing consultant for awhile but in no way a lawyer so take this with a grain of salt...as far as I know if you are only an occupant you don't have any legal rights and they can sign you off at any time. Since you never signed the lease you have no rights to the place. Sorry
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