can a landlord enter

[shellyshere]

My friend was sent a 3 day notice and that was it. and that she would be recieving a eviction notice and did not recieve the eviction notice.so they enter the house today and left a letter today saying they were taking over the place as abandenment on monday. non of this has been thru the courts. can they do this? they are also charging her all cost til they find another tenet. can they do this?

 

[army judge]

Did your friend voluntarily vacate before or on the 3rd day?

If she did, that is abandonment.

A three day notice is simply a request to leave.

It has no legal standing.

Only a judge can order your eviction.

Only a sworn law enforcement officer (usually a sheriff or marshal) can subsequently remove you or your stuff.

If she voluntarily left before going to court, she evicted herself.

Hence, the term, abandonment.

If she left of her own accord, she has no legal recourse.

If the landlord sent his or her goon squad to remove her, then that was a illegal eviction.

If the latter occurred, I suggest she speak with an attorney.

If the former occurred, she has no case!

 

[shrinkmaster]

Your question lacks enough info to answer accurately. Had this person left already or stated he/she would?

 

[mightymoose]

Since the tenant was present to receive the second letter regarding abandonment, it seems save to assume that the tenant did not move out.
This does sound like an illegal eviction. Law enforcement should be contacted immediately to try to prevent the landlord from doing anything further and direct the landlord to the proper methods to get the tenant out. At this point damages seem to be minimal and obtaining an attorney is probably not necessary- but it wouldn't hurt to talk to one to get a good idea of how to proceed as a tenant.
Regardless, this won't end well for the tenant and a search for a new place should be a top priority- just don't let the landlord force things illegally.