I've been living at my parent's house for the last three years following a motorcycle accident. I had my own room and received my mail there. Then suddenly,on Christmas Eve, they told me to leave and changed the locks with all my belongings inside. I was allowed under the supervision of police officers a few minutes to grab some clothes when I discovered they were trashing most everything I had. What are my rights as a long-term guest as far as due process of eviction and what are my rights to my belongings?, please.
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Eviction from a private residence
- Thread Starter rupps
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Proserpina
Moderator
Assuming you're over 18, they have to actually evict you legally according to state law since you appear to meet the definition of "tenant" (even if you're not paying rent).
It sounds like they evicted you illegally - if that's the case, you can absolutely sue them and they can end up owing you money even if you've never paid rent.
I suggest you contact an attorney ASAP.
It sounds like they evicted you illegally - if that's the case, you can absolutely sue them and they can end up owing you money even if you've never paid rent.
I suggest you contact an attorney ASAP.
shrinkmaster
Well-Known Member
It seems you are a legal resident and therefore must be evicted through courts. This was not done. However that being said do you want to stay where your not welcome? If damage has been done to property YOU OWN then could file suit for damages. I also agree with earlier statement how old are you? This matters
mightymoose
Moderator
You are likely a lodger rather than a tenant. The rules are a bit different although you still have to be removed legally.
While it may be an illegal eviction it is not a criminal offense. If you were to sue your parents they might be ordered to pay for damages.
If suing your parents is something you want to do rather than facing the real underlying family problems then go for it.
While it may be an illegal eviction it is not a criminal offense. If you were to sue your parents they might be ordered to pay for damages.
If suing your parents is something you want to do rather than facing the real underlying family problems then go for it.
I am 32 years old and I really just needed a short while to make other arrangements. They threw me out on Christmas Eve and I had to sleep in my truck. I really have no other place to go and have an extremely important interview for a job I've been after for a while this coming Thursday. But point being there was no warning and no big suprise, the cops did not inform me of my rights. So, can i call the cops and have them explain the law and they can let me back in until I can make other arrangements? Or do I now just sue them through the courts? And as far as the property they disposed of, what is the process follow-up on that mess? Do I make a list or have to show reciepts or pics?
army judge
Super Moderator
Your ONLY option is to sue your parents civilly.
No, the police can't order your parents to allow you to return.
You're out, and that's that.
You left voluntarily, that's how you ended up on the street. Had you refused, the police could not have required you to leave.
You might eventually win a judgment against your parents in civil court, but that'll take months to resolve.
If they are on pensions or social security, you might not get anything.
If I were you, I'd just move on with my life.
In this case no one will win.
Everyone will lose.
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No, the police can't order your parents to allow you to return.
You're out, and that's that.
You left voluntarily, that's how you ended up on the street. Had you refused, the police could not have required you to leave.
You might eventually win a judgment against your parents in civil court, but that'll take months to resolve.
If they are on pensions or social security, you might not get anything.
If I were you, I'd just move on with my life.
In this case no one will win.
Everyone will lose.
Sent from my iPad3 using Tapatalk HD
mightymoose
Moderator
You sue for actual damages.
If you had to stay in a hotel or eat out as a result of this then those costs may be damages. You need to be able to document the loss.
You may include the value of your lost/damaged property.
There may be other expenses as well. The law in your state may allow for a penalty on top of damages.
All of this will likely be resolved best out of court, but if nothing else works it is certainly an option you may try.
With the changing of the locks the circumstances seem to support an illegal lockout.
If you had to stay in a hotel or eat out as a result of this then those costs may be damages. You need to be able to document the loss.
You may include the value of your lost/damaged property.
There may be other expenses as well. The law in your state may allow for a penalty on top of damages.
All of this will likely be resolved best out of court, but if nothing else works it is certainly an option you may try.
With the changing of the locks the circumstances seem to support an illegal lockout.
Proserpina
Moderator
Many states allow double or triple damages for illegal evictions. OP should speak with an attorney.
army judge
Super Moderator
It doesn't matter, how you left, you did leave.
By absenting yourself VOLUNTARILY, that's considered acquiescing to the owner's demands for you to leave.
Your account of events will end up with FOUR people telling a version of this tale differing from yours, should you persist in suing the landlord.
You'll also hear the police account of how they assisted you by standing by (to maintain the peace), while you collected your belongings.
Bottom line, you'll lose, again!
However they went about it, they got you out.
Now, unless they VOLUNTARILY allow you back, you won't get a dime from a lawsuit or be permitted back into their home. No court can order parents to house their adult children.
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