Can landlord remove the furniture and appliances included in the rental during an eviction?

By Tenant

During an eviction, the court will interfere in a tenant – landlord dispute.  Usually, a landlord will only file for an eviction if the tenant has already been served the 3 – day notice and has not made a payment still.  However, as the court proceedings continue the tenant will stay in the apartment and will only be forced to move out once the decision has been reached and handed down.  A sheriff will facilitate the moving out.



But what if the landlord would start collecting all the furniture and appliances in the apartment while the eviction process is still ongoing?  Is this legal?  What can a tenant do?

Simply put, a landlord cannot remove things from the apartment while an eviction process is still ongoing.  If your landlord does this, he’s doing a constructive eviction and you have your right to call the police and file a complaint.  A constructive eviction is if a landlord fails to provide you with a habitable environment.  Since the eviction has not yet been made final, you are still his tenant and he is still obligated to make sure that the apartment is habitable.

What can you do?

During a constructive eviction, you can claim all the legal remedies available to you. You would need to consult with a liar and is that start at other series of proceedings wherein your landlord will be the accused.

Filing a Complaint

Here’s a better option: instead of going through all those legal proceedings and spending a fortune, you can file a complaint against your landlord.  This can be done via a third party mediation company like the RPA.  This is the link to RPA’s complaint center http://www.rentalprotectionagency.com/complaint_center.php

Meanwhile, you may also want to consider stopping the eviction by coming up with the money for the rent.  You’d also need to seek legal advice for the negotiation of the costs of eviction and the possible fines or penalties that the court will order.

Edited on: Saturday, February 9th, 2013 1:00 am

10 Responses to “Can landlord remove the furniture and appliances included in the rental during an eviction?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Marc

February 9th, 2013 1:00 am

You?re crazy. You have an eviction case filed against you and your more concerned on the furniture. Do you have any idea of the possible implications of an eviction would have on your credit score and your life?


Marc

February 9th, 2013 2:40 am

Well I think it?s your right to file a complaint. With your landlord is doing is complete the wrong because technically and legally, you are still a tenant. Therefore, the tenant ?landlord laws will still apply. So your landlord still has to provide you with a habitable environment.


Martha

February 9th, 2013 4:00 am

I think there is something seriously wrong here. The tenant can stop paying rent and live there for a couple of weeks or months until the case reaches a resolution. On the other hand, a landlord cannot do anything because if he does, the cops will be called in and legal matters will be done. Don?t you think it?s just too when fair?


John

February 9th, 2013 5:20 am

I think you should develop a sense of guilt because obviously, you don?t have that. And maybe by removing the furniture, your landlord is trying to tell you that he can do to you what you?re doing to him. You?re denying him of his rent money and so he should also deny you of the privileges of having all those pieces of furniture and appliances. He can?t lock you out, so he?ll just get even with you this way.


Dan

February 9th, 2013 7:00 am

Maybe if you try harder, you can come up with the rent money. Can?t you pawn your stuff? Can?t you offer to do some work for your landlord? I think you?re just too lazy to try to fulfill your end of the agreement. And now that your landlord is also beginning to not fulfill his end of the agreement, you?re acting like a wounded victim.


Jane

February 9th, 2013 8:20 am

Remember the golden rule? Do not do and to others would you do not want others to do unto you. This is the perfect example of that.


John

February 9th, 2013 10:00 am

This is why I stopped being a landlord. I just think the laws are two when fair because they are more inclined towards the benefit of the renter. What about the landlords? We are spending on mortgage and in keeping the apartment complex in prime condition and yet, you are living there rent-free until your eviction case is decided. That?s very unfair.


Dan

February 9th, 2013 11:40 am

Yes, I agree that the landlord will be in violation of the law if he removes furniture before the eviction process is closed. So if he shows up at your door, you have the right to refuse him entry. If he insists, you can call the police.


John

February 9th, 2013 1:20 pm

Just a thought: where would the landlord put all the stuff? In the backyard? He?ll just ruin them plus, he?ll just be wasting a lot of effort in moving. So if I were him, I?d just wait for the eviction to be over. Anyway, an evicted tenant would have the next 5 or more years to feel the full impact of his financial irresponsibility.


Amanda

February 9th, 2013 2:40 pm

Yup, wait for the decision. You?ll probably win anyway.


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