Eviction and arrest

Question

I have a friend who was being evicted from their apartment, right before eviction court they had gotten arrested. The court proceeding continued, and now the landlord and property manager had already began taking out valuable things in their apartment, even before the eviction have been decided on in court. Now the court is over and has been decided on. They’ve just began to throw away the stuff in the apartment or keep the valuable things that they want. Is this legal or should they have to wait until my neighbor got out of jail before going in the apartment and removing their belongings? I guess I just wanna know are they allowed to go in there and get the stuff before the court proceeding actually happened and after even though he wasn’t able to show up to the court date because of being locked up in another county. Do they have any rights? Also the apartment was where they wroked from home at. They had a business. Which all of that stuff was thrown away or take .

James L. Arrasmith · Answer

This situation raises several legal concerns. Let me break down the key issues and provide some general information: 
 
1. Eviction process: 
Generally, landlords must follow proper legal procedures for eviction, which typically includes: 
- Providing proper notice 
- Filing an eviction lawsuit 
- Obtaining a court order 
- Waiting for law enforcement to carry out the eviction 
 
2. Tenant's absence: 
The fact that your friend was arrested and unable to attend the court proceeding is concerning. In many jurisdictions, tenants have the right to be present and defend themselves in eviction proceedings. Your friend may have grounds to challenge the eviction if they were not given a fair opportunity to present their case. 
 
3. Removal of property before court decision: 
If the landlord and property manager entered the apartment and removed valuables before the court made a decision, this could be considered illegal entry and potentially theft. Landlords generally do not have the right to enter a tenant's unit and remove belongings without proper legal authority. 
 
4. Handling of tenant's property after eviction: 
Even after an eviction is granted, there are usually laws governing how a landlord must handle a tenant's remaining property. Many states require landlords to store the tenant's belongings for a certain period and provide notice before disposing of them. 
 
5. Business property: 
The fact that your friend operated a business from the apartment adds another layer of complexity. There may be additional protections for business-related property. 
 
Recommendations: 
 
1. Your friend should consult with a local tenant rights organization or a lawyer specializing in landlord-tenant law as soon as possible. They may be able to challenge the eviction or the handling of their property. 
 
2. Document everything: dates, times, what was taken or thrown away, and any communications with the landlord or property manager. 
 
3. If valuable items were taken, consider filing a police report for theft. 
 
4. Look into Kentucky's specific laws regarding evictions and handling of tenant property. Each state has its own regulations. 
 
5. If the eviction process was not followed correctly, your friend might have grounds for a wrongful eviction lawsuit. 
 
Remember, while this situation seems problematic, the specific laws and tenant rights can vary significantly by location. It's crucial to get advice from a legal professional familiar with Kentucky landlord-tenant law to understand your friend's rights and potential recourse in this specific situation.

Q: Eviction and arrest