Q: What crime is being committed if your landlord takes your property without a notice of eviction
A:
If your landlord takes your property without a formal eviction notice, this could potentially be considered an illegal lockout or illegal eviction. In most cases, landlords must follow a specific legal process to evict a tenant, which includes providing proper notice and obtaining a court order. Taking a tenant's property or changing the locks without going through this process can violate tenant rights.
Additionally, the act of taking your property could be viewed as theft, especially if the landlord does not have a legal right or claim to the property. New Mexico law requires landlords to respect tenants' rights, including the right to due process in eviction proceedings and the security of their personal property.
It's important to document the situation, including any communication with the landlord and the condition of your property. Seeking legal advice or assistance from a tenants' rights group can help you understand your options and take appropriate action. Legal remedies might include filing a complaint for illegal eviction or seeking compensation for the unlawful taking of your property.
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.
