Salt Lake City, UT asked in Landlord - Tenant for New Mexico

Q: What crime is being committed if your landlord takes your property without a notice of eviction

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

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.

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