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Can landlord take possession of home before lease ends after walkthrou

Discussion in 'Moving In & Out, Movers' started by Guest, Apr 22, 2014.

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  1. Guest

    Guest Law Topic Starter Guest

    I believe this is an obvious question, but not sure if there are circumstances where this is legal.

    The scenario is:

    We agreed, in writing over email, that our month-to-month lease will end on April 1st. The landlord/owner is selling the home. My roommates and I removed 98% of our belongings by March 28th and scheduled an initial walkthrough that evening with the landlord. The walkthrough was to provide us with a list of potential deductions, per our legal rights, so we could use the weekend to mend them.

    We returned on the 29th to finish cleaning and remove our belongings, but discovered contractors in the home painting. We had not given consent for anyone to enter the home nor were we notified in writing. The landlord came by, was upset because we told him this was not allowed, and he stated "I did a final walkthrough of the home and have taken possession of the house, do not enter."

    Later that evening we received an email from the landlord with a list of deductions, and with the above statement regarding taking over possession. He then changed the locks to prevent us from entering the home. We verbally, and in writing, told him this is against our agreement of April 1st and we still have the right to the property until then. We also told him we do not agree or consent to this action.

    Later, when he sent the final list of deductions, he charged us for replacing the lock. His reason was because we entered after he regained possession, in his mind.

    He has also not reimbursed us for the remaining days after he locked us out, as requested.

    Is this legal? And if so, which statute or law allows the landlord to do this? Is there a such thing as a "final walkthrough" in the context of what he believes?

    Wouldn't this also fall under constructive eviction?

    Thanks for the help!
    Joe
     
  2. Guest

    Guest Law Topic Starter Guest

    I believe this is an obvious question, but not sure if there are circumstances where this is legal.

    The scenario is:

    We agreed, in writing over email, that our month-to-month lease will end on April 1st. The landlord/owner is selling the home. My roommates and I removed 98% of our belongings by March 28th and scheduled an initial walkthrough that evening with the landlord. The walkthrough was to provide us with a list of potential deductions, per our legal rights, so we could use the weekend to mend them.

    We returned on the 29th to finish cleaning and remove our belongings, but discovered contractors in the home painting. We had not given consent for anyone to enter the home nor were we notified in writing. The landlord came by, was upset because we told him this was not allowed, and he stated "I did a final walkthrough of the home and have taken possession of the house, do not enter."

    Later that evening we received an email from the landlord with a list of deductions, and with the above statement regarding taking over possession. He then changed the locks to prevent us from entering the home. We verbally, and in writing, told him this is against our agreement of April 1st and we still have the right to the property until then. We also told him we do not agree or consent to this action.

    Later, when he sent the final list of deductions, he charged us for replacing the lock. His reason was because we entered after he regained possession, in his mind.

    He has also not reimbursed us for the remaining days after he locked us out, as requested.

    Is this legal? And if so, which statute or law allows the landlord to do this? Is there a such thing as a "final walkthrough" in the context of what he believes?

    Wouldn't this also fall under constructive eviction?

    Thanks for the help!
    Joe
     
  3. army judge

    army judge Super Moderator

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    I suggest you discuss this with 3 or 4 REAL real estate lawyers in your county.
    Stop relying on emails and referring to them as SIGNED agreements.
    The law isn't that quick to catch up with technology.
     

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