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| ??? about being locked out |
| Posted by: Donna Norris |
| Date: September 20, 2005 09:27:02 AM |
| Hi,
Thanks in advance for any help given. I was 2 days late w/ my rent due to "car problems" or should I say the lack of one. Well the owner/landlord sent me an email demanding I move out w/ in 8 days. I tried to pay the rent that was owed and a month in advance w/ no luck, and I havent been able to find a place to move into yet. SO today I was served w/ a Summons of Dispossessory. I understand I have 7 days to file an answer, but he (owner/landlord) came to the property today, and locked me out. Chaining and locking the driveway gate so I have NO entrance into the property at all. There is no other way in other than climbing a 7 foot chain length fence that totally surrounds the home and land.
Not that it matters but I have a small child, and this has hindered us from being able to get to our stuff if we could move.
My question is can he legally lock us out before the 7days and before the judgement is given? and if not, can I counter sue for something? or hire a locksmith to remove the chains and locks w/ out law enforcement coming out here and arresting me for trespassing?
Please help....
Sincerely
MOTHER IN NEED OF HELP |
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| Re: ??? about being locked out |
| Posted by: mlr |
| Date: September 20, 2005 12:02:55 PM |
| Sounds to me that you have been legally evicted. Once the first notice was sent with no response ...the court process went forward. Did you appear in court as advised? If not ... the proceeding still goes forth. If it has progressed this far, you have no recourse but to find another place to live ... child notwithstanding. You do have a right to your property within the boundaries of your state laws.
Having a child does not preclude your responsibility for your legally binding contracts including car payments, credit cards or rental agreements.
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| Re: ??? about being locked out |
| Posted by: Donna |
| Date: September 20, 2005 11:31:40 PM |
| Well we were never notified. He called and said get out. Does that count as being notified? And I did respond by asking for an extension til the 30th of sept. and he never responded. I was just served 1 day ago w/ the affidavit, and the sheriffs office said I had 7 days to respond w/ an answer.
I was under the impression that I had 7 days to move before he could lock me out.
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| Re: ??? about being locked out |
| Posted by: Ralph |
| Date: November 09, 2005 02:05:27 PM |
| It would illegal and the landlord could be subject to significant penalties if you were locked out in any way other than for a completed eviction procedure through the Court. You might consider contacting an attorney, perhaps Legal Aid if you can't afford a regular one. |
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