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Old 02-03-2013, 05:48 AM
 
26 posts, read 92,821 times
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I'm having trouble finding a solid answer to this question, but basically my landlord wants me evicted due to me not being able to pay all of the rent. We are still awaiting an eviction trial.

I got home late tonight to find a note saying he's coming tomorrow (less than 24hrs from when I got the note) to take his furniture out of my place. We were friends, so we only had an oral lease agreement, but the apartment was furnished the day I moved in.

Does he have a right to take the furniture before I am formally evicted by the court?
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Old 02-03-2013, 06:00 AM
 
Location: NJ
17,573 posts, read 46,153,827 times
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I hope you treat your other "friends" better than this one.
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Old 02-03-2013, 06:04 AM
 
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I think him removing a couch is the least of your problems. The couch will be forgotten, but the eviction will remain for years.
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Old 02-03-2013, 06:07 AM
 
26 posts, read 92,821 times
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This furniture includes the bed too.. I need some more time to move though, I don't want to be out on the streets. Once you lose a job these days, it's incredibly hard to get it back.
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Old 02-03-2013, 06:42 AM
 
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Quote:
Originally Posted by Turlington View Post
This furniture includes the bed too.. I need some more time to move though, I don't want to be out on the streets. Once you lose a job these days, it's incredibly hard to get it back.

I don't think you're really getting the big picture here.

You're being evicted; once that happens, no landlord is going to consider renting to you.

I guess I'm just blown away by the fact that this is your friend you're screwing over and all you can think about is where you're going to lay your ass?
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Old 02-03-2013, 06:52 AM
 
Location: Tampa, FL
2,637 posts, read 12,634,850 times
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I don't think the landlord can legally remove furniture from a furnished unit before the official eviction. You are probably within your rights to call the cops if he shows up and tries to remove furnishings, as I think that would be considered "constructive eviction." You owe him the rent and if you don't pay eventually the sheriff will come by and make you leave, but he needs to follow the legal procedure for your state.

Can't you find some way to come up with the money to pay your friend? Sell or pawn some stuff? Offer to do some work for him to pay off your debt? It's sad for a friendship to end this way.
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Old 02-03-2013, 06:58 AM
 
15 posts, read 27,257 times
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Quote:
Originally Posted by tilli View Post
I don't think the landlord can legally remove furniture from a furnished unit before the official eviction. You are probably within your rights to call the cops if he shows up and tries to remove furnishings, as I think that would be considered "constructive eviction." You owe him the rent and if you don't pay eventually the sheriff will come by and make you leave, but he needs to follow the legal procedure for your state.
without a lease? that makes this person a squatter, no?


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Old 02-03-2013, 07:01 AM
 
Location: NJ
17,573 posts, read 46,153,827 times
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Originally Posted by ssnsf4e View Post
without a lease? that makes this person a squatter, no?


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It makes them month to month assuming they ever paid any rent.
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Old 02-03-2013, 07:22 AM
 
10,746 posts, read 26,030,489 times
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Quote:
Originally Posted by ssnsf4e View Post
without a lease? that makes this person a squatter, no?


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They still have to be formally evicted..squatter or not. Sucks, but that's how it works.
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Old 02-03-2013, 07:25 AM
 
Location: Tampa, FL
2,637 posts, read 12,634,850 times
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A tenant with an oral lease is not the same as a squatter.
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