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Okay, I have an odd situation here actually. I'm renting a room, which I've only done one other time from my uncle, who also performed an illegal lockout, but I didn't pursue anything because I thought it was legal. This time, I gave my 30 day notice last month in August and said I would be moving out on or before the 19th.I have paid up until the end of the 19th. I never received my option to have the walk-through 14 days before and I was denied my final walk-through due to the perceived illegal lockout (and her text refusal to allow me to enter the premises to make the needed repairs because "I won't be home so you can't enter"). I say perceived because I'm just not entirely sure anymore. Just an fyi, there were some small damages to the walls caused by me removing my whiteboard that was attached to the wall with double sided tape that my friends and myself were going to repair on Monday the 18th or even the middle of Tuesday the 19th. The cops told me I have to leave and that it's her right to lock me out even though I have until the 19th. I even told them I had paid until the 19th and told them there are laws barring her from doing this. They didn't care and told me that I have no rights. They also told her to change the locks on the spot effectively facilitating what I believe to be illegal.
They told me I better go for my own good and basically threatened me. I never gave her a letter or notice stating I've given up occupancy, nor did I give back the key, until today of course because that was part of the agreement. I have been going back periodically throughout the past few weeks to check things, make my own list of repairs, because all she gave me was a demand to clean the bathroom about 17-20 days ago, or I will be charged for cleaning. I didn't reply, I went back to clean the bathroom (the shower curtains and the tub because that's what she demanded) and it was already cleaned. I actually went over to paint the walls shortly after that incident and she started yelling at me and making demands, basically telling me to leave and that I have no right to be there. Eventually, while patching one of the spots I decided that I'd had enough and was too frustrated to continue and do a good job, so I left to come back at a time when she wasn't there, or wait for her to cool off and to have a friend present instead of being there by myself. I did go back again last Thursday to gather a few more of my things and clean my area of the fridge and cupboard. She had already started using those spaces, which is fine I guess because that is one less thing for me to have to worry about. Not entirely sure whether or not she removed anything of mine, but whatever. The week I initially went to do the painting she had already moved things in the room and put things in there. Also her cat peed on the wall (one of her cats sprays in my room if the door is left open, which she has kept open since I had about 80-90% of my stuff out).
So basically the short version is that I finally had a day set where my friends and I could fix the place up, I went over there that night to be ready for the next day, Monday the 18th, do my laundry while I'm there, wake up in the morning and wait for my friends to get off work so we could fix the place up. Instead I was denied this, which I believe is my right, by what I believe to be a self help eviction 3 days before my lease term actually came to an end and ended up not calling in to work, because what is the point if I can't get into the place and the cops are useless? I left the key yesterday (the 19th) and found what's left of my stuff in the front yard along with a letter stating that she was going to do a final walk-through, make deductions and give me what's left. I don't feel like she should be able to make a single deduction because I wasn't given until the end of my lease term to get the place rent ready. And, she already told me all of the stuff verbally, by yelling at me the past few times I've come over, that she intends to take out of my deposit (carpet cleaning, window cleaning, wall cleaning, wall painting, etc.) It was actually quite a lot and most of it was unreasonable because the walls were only dirty where her cat pissed on it.
Please advise me what I should do in this situation, since I am technically a lodger, and the only lawyer that I was able to get a hold of wasn't much help, most likely because it was over the phone and it was the end of the work day. The other Lawyer that responded said he doesn't represent tenants. Oh and I also have a lot of the evidence in texts. I don't think I said anything that would aid her case, but I could be wrong since most of what I said was while I was at work and under pressure but I desperately needed proof that she did indeed lock me out since the cops were refusing service. I will post pictures if asked and if possible but I don't see that option, so probably the best I can do is post all of the text messages verbatim.
Last edited by jerkface38; 09-20-2017 at 02:40 AM..
First of all
do you have a written lease
Do you have pre and post move pics
Did you or they give each other correct notice
If you willingly moved your possessions out before the 19th and turned in your keys that means that you surrendered your occupancy and you do not have any right to re-enter the property to do repairs etc. So the LL can change locks and call the cops because you no longer live there and you're trespassing.
If this is your second lockout situation....it sounds like you have issues getting along with landlords/roommates.
As stated above, any rights you may have would depend on whether or not you were a legal occupant. Is 'her' a renter or does she own the property? Did you have a lease agreement? Did you turn in your keys? Your rights would be pursued in an administrative hearing, not with the police. It's not a criminal matter.
You should find your city or county administrative courts and see what the landlord-tenant ordinances are for your area. But....it would probably be more advantageous to just move on. From your rambling and too-long post, it sounds like you said some angry things to her, maybe didn't give much notice that you were moving out, etc. Your 'case' isn't exactly clear cut. She has a case too.
And pursuing an administrative case takes time--you have to file the case, submit your 'evidence', wait for a hearing, attend a hearing, attend appeals, etc. Probably those few belongings that were still in your room aren't worth that much.
Maybe just drive by every day and see if your things are sitting out by the trash, and get back what you can. And move on. Make sure you have a lease next time, with the bona fide landlord or owner.
I did have a lease agreement. I did give a proper notice and I did not return the keys until the 19th. You may want to actually read and process what was written before commenting or replying. I've had many landlords and these are the only 2 instances I've had this problem. Also it seems like you have a biased point of view because instead of actually reading what I wrote and asking questions base on that, you seem to be instantly assuming that because I'm a tenant I'm in the wrong. I said nothing angry I simply let her know that what she's doing is illegal (which is what everyone else I've talked to is saying but they aren't lawyers nor have they ever been to court). I honestly am not in this for the money, I want to make sure that she knows what she's done is wrong. She specifically told me that just because I still have the key doesn't give me the right to enter.
I told a very misbehaving tenant once she needs to get out the same day (I gave her 30 day notice initially but then she totally acted out) and she called the cops on me.
The cops came and told me I cannot kick her out. Lease or no lease (there was a lease). I told them she has random dudes sleeping in my living room. He said all I can do is start an eviction process. I said "so she can pretty much do what she wants, party here, have guys over ...????"
He said "I would like to have an extra income, too, but because of that, I do not rent out. It is tough to get rid of people once they are in."
He said I am not allowed to change the locks on her or throw her stuff out. That was around 5 years ago.
Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
repeatedly violated a significant lease or rental agreement clause
been late with the rent on more than one occasion
seriously damaged the premises, or
engaged in serious illegal activity, such as drug dealing on the premises.
Just an fyi, there were some small damages to the walls caused by me removing my whiteboard that was attached to the wall with double sided tape that my friends and myself were going to repair on
I have been going back periodically throughout the past few weeks to check things, make my own list of repairs, because all she gave me was a demand to clean the bathroom about 17-20 days ago, or I will be charged for cleaning.
I didn't reply, I went back to clean the bathroom (the shower curtains and the tub because that's what she demanded) and it was already cleaned. I actually went over to paint the walls shortly after that incident and she started yelling at me and making demands, basically telling me to leave and that I have no right to be there. Eventually, while patching one of the spots I decided that I'd had enough and was too frustrated to continue and do a good job, so I left to come back at a time when she wasn't there, or wait for her to cool off and to have a friend present instead of being there by myself.
So basically the short version is that I finally had a day set where my friends and I could fix the place up, I went over there that night to be ready for the next day, Monday the 18th, do my laundry while I'm there, wake up in the morning and wait for my friends to get off work so we could fix the place up. Instead I was denied this, which I believe is my right, by what I believe to be a self help eviction 3 days before my lease term actually came to an end and ended up not calling in to work, because what is the point if I can't get into the place and the cops are useless? I left the key yesterday (the 19th) and found what's left of my stuff in the front yard along with a letter stating that she was going to do a final walk-through, make deductions and give me what's left. I don't feel like she should be able to make a single deduction because I wasn't given until the end of my lease term to get the place rent ready. And, she already told me all of the stuff verbally, by yelling at me the past few times I've come over, that she intends to take out of my deposit (carpet cleaning, window cleaning, wall cleaning, wall painting, etc.) It was actually quite a lot and most of it was unreasonable because the walls were only dirty where her cat pissed on it.
This is a lot of cleaning and fixing up and painting and what not for renting ONE SINGLE room. How long have you lived there? I have never heard about window cleaning and wall painting and fixing anything, especially when you just rent a room.
THe only reason I could think of to be justified and the cops agreeing is that you lived there like a PIG or you dealt/did drugs.
One landlord acting out, ok. But landlord AND cops AND this was not the first time? Uhm. I would guess you were turning the place into a dirty dump. And I think you are leaving out a lot of information here. WHY did she say you have no right to be there anymore? DId she not give a reason?
I did not trash the place, I took pictures two weeks ago of the damages that I was trying to repair and pictures of the walls. I didn't even have friends come over because they were uncomfortable with the camera in her living room. And in regards to my uncle, HE WAS A THIEF TRYING TO TAKE MY THINGS.I witnessed him stealing whenever we went shopping, so I should have realized that he would eventually try to steal from me. I now understand why my dad basically refused to talk to or see him for years until a few years before he died. This incident is completely unrelated and I've lived in probably 10 different places in the last 6 years, only 2 of them being year leases. I used to move twice a year because I hate staying in one place for more than 6 months even if the conditions are nice. If there is a way for me to link the pictures I did manage to take 2 weeks ago you will see that there really is no damage other than where the whiteboards were. I didn't throw trash on the ground and kept my room generally clean. She also had problems with her last roommate so I'm thinking this is commonplace for her. Also in regards to the drugs, I do smoke about 1 block or more away from the house, on the bike trail or in the green belt when I want to be out in nature, in accordance with the lease terms to not smoke in or around the house, and to not bring drugs in or around the house. Her cats cause more damage daily than I did in my last 7 years of renting. I'm 26 btw so that should give you a good idea. I am the one who called the police when she threw my laundry on the front porch and slammed the door behind her. Also, I would have never even signed the lease if I knew she was going to turn the place into a cattery while I was living there. She had 2 cats when I moved in which turned into 2 cats and 5 kittens 1 month later, which I frequently took care of she was out partying.
Last edited by jerkface38; 09-20-2017 at 12:59 PM..
i did not trash the place, i took pictures two weeks ago of the damages that i was trying to repair and pictures of the walls. I didn't even have friends come over because they were uncomfortable with the camera in her living room. And in regards to my uncle, he was a thief trying to take my things.i witnessed him stealing whenever we went shopping, so i should have realized that he would eventually try to steal from me. I now understand why my dad basically refused to talk to or see him for years until a few years before he died. This incident is completely unrelated and i've lived in probably 8-10 different places in the last 6 years, only 2 of them being year leases. I used to move twice a year because i hate staying in one place for more than 6 months even if the conditions are nice. If there is a way for me to link the pictures i did manage to take 2 weeks ago you will see that there really is no damage other than where the whiteboards were. I didn't throw trash on the ground and kept my room generally clean. She also had problems with her last roommate so i'm thinking this is commonplace for her.
Yes but I was told this is legal since she lives in the residence and there is no reasonable expectation of privacy for me in the living room. I'm not quite sure about that but I don't mind, because I didnt do anything wrong, except for the fact that it made my friends uncomfortable. The camera was not initially there when I signed the lease either she put that there about one to two months ago (I honestly don't know when I'm just making a guesstimate but I noticed it about a month ago). I also caught her stealing food off of my shelf and putting it on her shelf, which is this one more reason for me to be moving out, but again, I don't care about the small stuff. Im actually perfectly fine with her taking deductions for supplies because she will need to buy them wgich eill probably cost about 30 bucks. I even bought paint and spackle just to start the patching process.
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