Can the landlord remove furniture while eviction is going on?

By Tenant

If an eviction case was filed against a tenant, the court has the right to interfere between the tenant and the landlord. The reasons why a landlord would file for an eviction is because the tenant was unable to pay his monthly rent and the landlord already gave a 3 day notice to pay. Even if an eviction case was filed by the landlord the tenant can still continue to live at the rental unit and will be forced to leave the property once a verdict is made and handed down by the judge. The court will then contact a sheriff to execute the order and evict the tenant.


Simply put it like this, a landlord cannot remove anything from the rental unit even if it is his property if an eviction case is still on going. Once a landlord will insist on taking the furniture out even though there is no verdict yet then the tenant can call the police and file a complaint against the landlord for constructive eviction. Bear in mind that the tenant is still considered the landlord’s tenant until the eviction case is final and a verdict is made, thus the landlord is still responsible for providing the tenant with a habitable place to live. Once a constructive eviction is made, the tenant has the right to call a lawyer and file a lawsuit against the landlord.

Another option is also available for the tenant and that is to file a complaint through a third party mediation company like the RPA. It is much cheaper than filing a lawsuit and you can do it online. This is the link to their complaint center http://www.rentalprotectionagency.com/complaint_center.php the tenant can use to file the complaint.

In the meantime, you may want to put a halt to the eviction case filed by your landlord by paying your unpaid and back rent.

Edited on: Saturday, March 23rd, 2013 1:13 am

15 Responses to “Can the landlord remove furniture while eviction is going on?”

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

Simona

March 23rd, 2013 1:20 am

Yes


Augustus

March 23rd, 2013 8:40 am

What if after the complaint the landlord get madder and won’t allow the tenant to live in the property anymore?


Jeanice

March 23rd, 2013 4:00 pm

@ The comment above… That’s the function of a suitable attorney….


Ronald

March 23rd, 2013 11:20 pm

I can’t believe how many people complain about removing furniture when they have a pending eviction case.


Juan

March 24th, 2013 6:40 am

Even though it’s not right


Donnie

March 24th, 2013 1:40 pm

Eviction stays on your record. Not the furniture. Lol


Agustina

March 24th, 2013 9:00 pm

Legally


Dave

March 25th, 2013 4:20 am

The comment above is right. The landlord could end up in jail.


Gregorio

March 25th, 2013 11:40 am

I once had and eviction trial because I didn’t pay my rent for 3 weeks. The landlord went to my apartment when I was at work and took the refrigerator. I told my attorney what happened and the case was dismissed and I got my deposit plus damages and attorney’s fees. The lesson I learned from what happened was always hire a good attorney. Hahahahaha


Dave

March 25th, 2013 7:00 pm

Good one. @ post above.


Myrtis

March 26th, 2013 2:00 am

Can you give me the number of that lawyer?


Otto

March 26th, 2013 9:20 am

Quote: “Can you give me the number of that lawyer?” lol. I fell off my seat.


Vernon

March 26th, 2013 4:40 pm

That is a good lawyer to have. Bad day for the landlord.


Torrie

March 27th, 2013 12:00 am

Even though you got off the case


Aurelia

March 27th, 2013 7:20 am

As a landlord myself


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