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.
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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