I need help on my Tenants Rights?
SORRY THIS IS SO LONG BUT ITS IMPORTANT My Boyfriend and I rented an apartment (he was the only one on the lease, but they knew I was living there). We couldnt pay the rent due to financial situations, so we decided to move and we gave them notice. This was an Apartment Complex with Many Units. We NEVER got a 3 day notice, or an Eviction notice. EVER. I know eviction Laws, and I looked them up. I copied and pasted what I read below for you to see. I started moving some things out, but I never said we were fully moved out, nor did we have to be out (we didnt have any notices). We went there today (Monday, 9/22) to get the rest of our Items, and noticed the locks were changed (which it states below that it is illegal to do without an eviction and/or 3 day notice). We went to the leasing office, and they said they tried to contact us but we never returned their calls and our phone was shut off (which I gave them our new # the day I got it, and I NEVER got ANY Calls). They said the Maintenence guy would meet us at the apartment and let us in to get the rest of our Items, and he met us there and said these EXACT words "youre lucky you came today because we were just about to start throwing your stuff out"..so thats another Illegal action. Then, we went into the Apartment and I realized that there were Items missing (i.e, my lamp that my Grandfather bought me just before he passed away..but they left the lamp shade, THEY STOLE SOME OF MY JEWELRY (and it was all real gold and expensive), they had gone through our drawers and bill folds with our important/personal documents with our social security numbers, credit cards bills/numbers, etc). I believe we have a right to sue in Small Claims like it states below, and Im wondering how I should go about it. Thank YOU! LANDLORDS CAN'T JUST THROW YOU OUT! * Only a judge can order you evicted, and only the Sheriff can put you out of your home! (See "EVICTION" feature) * Florida law does not allow a landlord to force a tenant out by: 1. Shutting off the utilities or interrupting service, even if the service is in the landlord's name. 2. Changing the locks or using a device that denies the tenant access. 3. Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement). 4. Removing the tenant's personal property from the dwelling unit unless action is taken after surrender, abandonment or a lawful eviction. * A landlord may not evict a tenant solely in retaliation for the tenant complaining to a governmental agency about a code violation, joining or establishing a tenant's "union" or similar organization or asserting other tenant rights. * If any of these occur, the tenant may sue for actual and consequential damages or three month's rent, whichever is greater, plus court costs and attorney's fees. I still had until the end of September to get out. And yesterday was only the 22nd. I know that I couldnt sue, it would have to be my BF but he would do it. They put my name on the papers still though.
Public Comments
- What state? Landlord/tenant laws vary.
- First off...you can not sue. Only your BF can since he is the only one on the lease. Second...you are going to have to prove that you even owned these items and that the landlord stole them. Third...expect the landlord to counter sue your BF for back rent, late fee, attorney fees and filing fees. Like I said in your previous post...you need to check out Florida "abandonment laws"...because judging by your post, you left abruptly, with no notice. Florida is a very landlord friendly states, so make sure your BF has all the evidence he needs or he will be laughed out of court. Florida judges have very little patience for a tenant who fails to pay rent.
- Did your notice to the management indicate that you were moving by a certain date ? If you overstayed (kept property there) longer than you indicated, the management has the right to assume that you have abandoned these items, as well as abandoned the unit. You weren't evicted, and you weren't put out of your house. I'd venture the locks were changed on the assumption that you were gone. (Yes, there are tenants who abandon all the things you mention, as well as more.) Your chances of any sort of lawsuit are close to nil. You have no proof that anyone rummaged through your possessions, and I'd venture that you don't have proof of ownership of the missing lamp either. You can take your chances in small claims court, but I will guess that you will lose.
- As the other poster stated: the landlord may try and claim you abandon the unit, that said, The remedy outlined by statute is the max penalty a judge can award, it does not equate to you getting that amount, the judge will look to see if the landlord’s action where so egregious, hard to say phone disconnected, where the utilities still on? When was the last time you had been at the unit before that day? Toward: the issue of items stolen: One can always bring a small claims suit, but as the plaintiff you have the legal burden, so hard to say, did you call the police the day you found out things where missing? If not your burden becomes harder but not impossible
- Fl has a 15 day notice. When you gave your notice is the important component here. It also sounds like you did not pay the rent, which would mean eviction. As soon as you are no longer there all night and no longer paying rent the property is abandoned. I would have tossed your trash too. You will not win this law suit, you would be better off filling a claim with your renters insurance.
- They got you on an "abandoned Dwelling". I use it on my tenants who are in the process of skipping out and have not returned to pick up the rest of their stuff. You did not pay the rent. That is what started it. You could not have had until the end of September to get out if you stated " we couldnt pay the rent due to financial situations, so we decided to move "-meaning you paid rent last for August. Not September.
* Some answers may have been provided by Yahoo! Answers.