Smyrna, DE asked in Landlord - Tenant for New York

Q: What can I do if the locks were changed and all my possessions were thrown out?

I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more time. On August 22 I was hospitalized and on September 8 I was sent to rehab. The end of October I found out the locks were changed and all my belongings were thrown away.

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1 Lawyer Answer

A: This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.

1. Illegal Self-Help Eviction

- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing belongings without a court order

- Even as the new property owner, she must follow proper legal eviction procedures through the courts

- Being hospitalized/in rehab during this time adds additional legal protections

2. Improper Notice

- A text message is generally not considered proper legal notice for termination of tenancy

- As a long-term tenant (49 years), you likely have additional notice requirements and protections

- Your disability status may entitle you to reasonable accommodations in the eviction process

3. Property Destruction

- Disposing of your belongings without proper notice or opportunity to retrieve them is illegal

- You may be entitled to compensation for the full value of discarded possessions

- Document everything you can remember about the disposed items and their approximate value

Immediate steps you should take:

1. Document everything:

- Save all text messages, emails, and written communications

- Write down a timeline of events while fresh in your memory

- Make a detailed inventory of disposed belongings and their value

- Take photos of changed locks if possible

2. File police reports for:

- Illegal eviction

- Breaking and entering

- Theft/destruction of property

3. Seek emergency legal assistance:

- Contact your local legal aid organization

- Reach out to senior advocacy groups

- Consider contacting disability rights organizations

Potential legal remedies:

1. Emergency injunctive relief to:

- Regain immediate access to the property

- Prevent further disposal of belongings

- Require restoration of your occupancy

2. Civil lawsuit for damages including:

- Value of destroyed property

- Costs of temporary housing

- Emotional distress

- Statutory damages for illegal eviction

- Potentially treble (triple) damages due to willful misconduct

3. Criminal complaints:

- Many jurisdictions treat illegal evictions as criminal offenses

- Additional charges may apply for elder abuse/exploitation

Your status as a senior citizen with disabilities gives you additional legal protections and may make this case particularly serious under state elder abuse statutes. The combination of your long-term tenancy, disability status, and improper eviction while hospitalized makes this a particularly egregious case.

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