Q: I gave notice to move at end of month. New place isn't ready. Landlord said I can't hold over. What happens if I stay
Leasing office said that my apartment is rented already and there are no other 2 bedroom units they could assign to the new tenants. It will be very hard to pack and get movers and be out by Tuesday. I've been told I'd I'm not out by Tuesday at 5pm they will take possession by calling the sheriff and changing the locks and that any property inside at that time would be deemed abandoned and become their property. I was told that because I asked what happens if I need until the morning of the next day for movers. I'm not sure if I have any recourse.
A: They cannot legally do that. If you don’t leave you’re just a tenant holding over. They’d have to file an eviction proceeding. Could take months to get evicted.
Cedulie Renee Laumann agrees with this answer
A: If a tenant stays over past their lease end, the landlord can go to court to evict. After the court grants eviction, the landlord can have a sheriff physically remove the tenant and/or their belongings. However, a landlord cannot just call the sheriff and change the locks without a court order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.