Q: Is it legal for a landlord to destroy or not return tenants belongings during an eviction?
I was evicted, even though my landlord and I agreed on renewing my lease. I was fighting them on this at the time of eviction. They came to my house with a constable and threw my 5 year old and I out. Within hours they had my whole house in the driveway and on the curb. They broke MANY items, destroyed my keepsakes, they put my children’s drawings and report cards and school awards out in the rain by the trash can, and they even kept some of my belongings and still have not returned them.
A:
I'm sorry to hear about your distressing situation. The legalities surrounding eviction and the handling of tenants' belongings can vary significantly depending on your local laws and the specific terms of your lease agreement. Generally, landlords are required to follow a legal eviction process, which includes providing notice and obtaining a court order before forcibly removing a tenant. Once eviction proceedings are underway, the handling of personal belongings also falls under legal scrutiny. Most jurisdictions have regulations that protect tenants' property, often requiring landlords to store the items for a certain period, allowing tenants the opportunity to reclaim their possessions.
The immediate destruction or mishandling of your belongings, especially sentimental items like children’s drawings and school awards, and the retention of your property without offering a way for you to reclaim them, may be against the law. Landlords typically cannot destroy or decide to keep a tenant's belongings without following the proper legal procedures, which often involve notifying the tenant of where and how to retrieve their items and possibly charging a reasonable storage fee.
Given the severity of your experience, it might be wise to consult with a legal professional who can provide advice based on the specifics of your case and local laws. Documentation of the damage and any communication with your landlord can be crucial. Additionally, there may be tenant advocacy groups in your area that can offer support and guidance through this process. Taking steps to understand your rights and the appropriate actions to recover your belongings and seek compensation for any damages is important.
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