is this a legal eviction? - Landlord Forum thread

is this a legal eviction? by Brynn on February 9, 2012 @23:34

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A friend of mine had a stroke and failed to pay rent for a few months. Property was not abandoned as I myself kept the place up. The other day I went there and a man had a trailer filled with my friends things and said the landlord had him come trash the place. Even the car! The only piece of paperwork my friend received was a three day pay or quit. NO EVICTION papers at all. Is this legal? Why or why not? Id appreciate any advice.

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Re: is this a legal eviction? by OK-LL on February 10, 2012 @00:05	[ Reply ]

If the LL followed the state's law regarding abandoned property, he acted properly. That would likely include posted and mailed notice and a waiting period. Furthermore, he may have completed an eviction with posted and mailed service of summons that meets the state's law, it wouldn't include a money judgment if he didn't get personal service of summons to your friend, but posted/mailed service of summons would have been sufficient to get possession of the property. If you were keeping the place up, why didn't you convey the rent from your friend to the LL? You can't expect the LL to make your friend's problems the LL's problems. The LL's financial obligations on the property continued and if the tenant was going to be unabloe to pay rent for a period of time, it would have been prudent and proper to either discuss it with the LL or vacate the unit so the LL doesn't sink with the tenant.

Re: is this a legal eviction? by Anonymous on February 10, 2012 @00:36	[ Reply ]

He or you need to talk with legal aid and see if they can find out if an eviction was filed. Like other poster said he may never have seen it or didn't realize what it was. If there are no eviction papers on file then no the LL cannot do this and your tenant can take him to court. Unfortunately the tenant fell into ill health but as much as we LL's would love to help everyone out it is just not feasible. We have to make our house payments whether tenant is sick or not. Tenant needs to really just move out and request his property and find a place he can afford.

Re: is this a legal eviction? by Anonymous on February 10, 2012 @01:09	[ Reply ]

What state are you in?

Re: is this a legal eviction? by Jake on February 10, 2012 @10:32	[ Reply ]

Call social services in your county. There will an agency that protects elderly people who can not protect themselves. Make a criminal report on the items removed.

Re: is this a legal eviction?

Re: is this a legal eviction? by Shaun (FL) on February 10, 2012 @11:23	[ Reply ]

I'm not excusing the LL, but did anyone communicated with the LL as to what was going on? That your friend was in the hospital? Asking b/c LL served a P/Q. Did anyone answer the P/Q? In my state and my situation, with monthly lease payments, if a Tenant is absent from the property more than 15 days with out notification from the Tenant, than I am to assume the property has been abandoned. Therefore, I would follow the laws of abandoned property not eviction. My point being eviction papers would not be served if the property was declared abandoned. Remember, you are not the Tenant.

Re: is this a legal eviction? by Anonymous on February 10, 2012 @13:11	[ Reply ]

thanks for the advice, once i checked with the courts i found no information what so ever that a unlawful detainer was filed so my friend will be taking him to court. Some one asked what state I'm in..... i live in California. While I was searching for more info about their situation with this particular landlord i happened to come across this video i checked only cause the guy had the same name as the landlord and i was shocked and speechless once i watched it http://www.bakersfieldnow.com/news/118680494.html?tab=video&c=y All in all i think my friend will be o.k. regarding this matter, thanks again!! Brynn

Re: is this a legal eviction?

Re: is this a legal eviction? by Anonymous on February 11, 2012 @02:31	[ Reply ]

does the state of California have abandonment laws? I know my state does.... Having a stroke does not mean someone is not responsible for paying their rent. If you were a true friend, why didn't you ask the guy to let you help him and take and store some of your friends stuff? Why did you not offer to get the rent to the landlord before it came to this? Or remove the guy's car for him? Disability does not excuse someone from their financial obligations. Eviction papers were probably mailed, did you gather all of your friend's mail for him? It sounds like the place has been taken back due to abandonment. I hope your friend's health is improving...

Re: is this a legal eviction?