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Can a landlord in North Carolina change locks and hold your possesions for late rent without a court order?
My landlord is wanting me gone for late rent, and I don't blame him. However he is saying that if I don't pay by the end of the day today he will demand the keys and possesion of the property. Obviously I don't have time to get a moving truck by then. He has not filed any papers in court yet, so I thought I would get the 10 day notice FROM the courts, not a 12 hour notice from him.
Edit: Okay I am confused when some say yes some say no, so could the ones who answered please clarify one thing... I am under the impression that regardless of the lease it is the law that a landlord MUST evict through the courts. Regardless of past due rent, etc. if he has not filed in court he cannot tke possesion of the property right? I think when he said he will have to "ask for the keys back and demand immediate possesion of the property" It was as a formality, obviously if I refuse he has to go to court to enforce it right ?
NO it is never legal to hold someone's possessions for money they owe. Contact your local police station and tell them you have been locked out and need your stuff from the landlord. Ask for a police escort to get your things. And go over when you know the landlord WILL be there so the police can demand the key to get your things.
And/or take the landlord to small claims court if the police dont help you.
If you still have the keys then he must give you 30 days notice before you need to leave. It takes a lot of legal steps for him to really evict you. Tell him you will move out in 30 days from today if he has a problem with you. And start packing your stuff and move asap! Dont give him the keys! If he changes the lock call the police.
you should get a lawyer and if thelawyerr says its illegal wait till he does it and sues his fucking ass if he is rich if dont be tightby Ciaran Gallagher - 3 years ago
What does you rent contract say... he has gave you time to move, not much time, so yes if he has done it all by contracts you better be moving.
(for those who think this is illegal, well that is what I thought, we thought when some rent houses were built in my town... you signed a contract or agreed to what they said... they wanted you to move, you moved...no 30 days to move, no nothing... there were no one sueing, no law saying this couldn't be done, and as we found out it was legal.. it was done, you lost!!!!!.)
(Your state laws may be different from mine.. but it doesn't have to be filed in court. where I live if it is in the contract. Check your local/state laws as may be different than mine.)
No, that is illegal in all 50 states.by the kid - 3 years ago
If you have no lease, he can give you a 3- or 5-day notice whatever is procedure in your state. He may not have to get a court eviction order. He has to give you more than 12 hours, depending on your state law.by Flower - 3 years ago
NO! Never, ever, ever can a landlord barr you access from the property in any way, shape, or form without an eviction order in hand. He must provide 3 or 5 day notice to "cure or vacate" per your lease/state law, then go to court to have you evicted. During that time, he cannot deny you access to the rental unit. What he is proposing (changing the locks, putting your stuff out, etc) is called a "constructive eviction" and is illegal in ALL states.
In no way am I condoning your nonpayment of rent, but you do have rights. Inform him of this, and if he still attempts to barr you from the rental unit, then you can sue him.