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Landlord changed locks during eviction appeal Unlawful Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by Joann, Feb 17, 2019.

  1. Joann

    Joann Law Topic Starter New Member

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    My landlord wanted to do an inspection of repairs that needed to be done after a year of me asking to have things fixed. I was in real estate school at the time and into the third year of our 5 year lease. After the 5 years we were to get the mortgage. She texted and called non stop that she needed to find out about the mortgage because she didnt want to be a landlord anymore. She had just bought another house and new car and had no mortgage on the house we were renting. HELOC. She also complained about the sewer bill that wasnt paid that we were responsible for. She moved 3 times and we would occasionally get a copy in the mail. I asked several times about the security deposit interest and what bank it us in. She works at a bank. She also told ne before moving in she needed the security to get gates for the back yard. So i asked her how much interest we had on the $1450. He reply was not nuch since its only a 10th of a percent. I told her I banked at her bank for years and uts one percent daily and I thought in Pa when interest was to be in a high yealding interest bearing account , its at least 1%. When she told me she was putting it into a credit union and didbt want the rental acxount at her wrk anymore, i got suspicious. I said i would think youd hace to wait until the tear is up to change it due to the interest.i also told her its to be in a separate escrow account not the account I deposit the rent into. I told her she can't comingle the funds. She would text a week before rent was due just to make sure it was going to he paid on time. On the day it was due she'd text me saying its 3 and rents not in yet. Id tell her its not the end of the day and ill be doing it on my way home. Ive paid more late fees than i should of and didnt realize it until looking at the lease when she filed for eviction. Montgs prior to eviction, I asked if we could buy a hood for the stove and take off the rent because prior to move in the wall exhaust fan motor went and she promised to replace but didn't and we had an album size hole in the wall for 3 years until my husband patched it up. We were burning trough oil cause the heat was always on because of the hole. The fridge would also shut off if you bumped into it and we were told the day we moved in it would be replaced. That didnt happen for almost 3 years. I so after thectexting, tge showing up unannounced to get sometging out of the garage got old and annoying to the point of me paying rent 2 days late and told her to please stop the nagging. Lease states we had until 5th and no late fees until after the 10th. I got really suck and so dud my daughter who has asthma and deathly allergic to Penicillin. I could understand why her allergies all year were so bad and i started havi g migrainez for tge first time ever with vertigo and hairloss and brain fog. It was the strangest thing. House has mold on all three floors. We had an estimate but nothing in writing bevause the owner needed to do it. She refused then all of the sudden she needed to have her contractor come inspect the repairs that we were asking for. Tbe ti.ing was nad si ce my husba d haf jyst come home from hospital and rehab after foot and anjle anputation. She insusted it had to be di e i asked can it wait a few weeks since you've let it go this long ..so she said she'd let hersekf in. House us a ness we were gone al ost a montg its 7 pm homework, showers and dinner is cooking. She went through entite hoyse not what needed to be looked at. Next day were served court paoers fir recivery of property. Contractor was actually a handyman in a landlord tenabt disoute and needed to move. Si she won i appealled and then my husband next surgery was put off and his anputated site was still opened. I had to get him out so duri g the appeal i started moving things and she shows up with new tenant. I told her im moving hubby and daughter to family and when we decudecto nove out abd ckean ill let her know. 8 days later were all in the house packing up still and she changed the locks. I asjed hwr were the writ abd sheriff were abd told her to leave. She saud no you gave ne a forwarding address so you abandoned the property. I said im standing here so how is this abandonment? I keft in tears abd told ger ill be back thr next day abd every day until im do e or until she gets an orxer executed which still gives me 10 days after being served. This was January 8th. She said her tenant will allow me 15 minuted the next day. I called the cops they said its a civil issue go to court. The following day my e rire hoyse except the vasemevt was in trash bags in the snow mixed with beer food cigarettes and trash. My fathers ashes my wedding giwn, you name it was deztroyed and he stole akit too. All my dishes were smashed my china from my late mother in kaw and my kuds puctures.a few days later i get a letter that i need to get my belingings from basement out tgey were in garage. It waa begativec8 degrees abd cold. Abd all intrash bags. We couldn't do it. Stuff piled 10 feet high. I then ride by a week later and aeen the sheriff. Flagged him down and asjed fir the paperwork. It was ordered on the 4th of this montg which is February and giving me till the 18th. I went i to the garage and stuff was thrown out and a few tvs we know were stolen. We tolf new tenant to put back asap. It was tgere the next day. But enpty boxes were now there and somwtgings were smashed abd desreoyed. Im gou g tomirriw to get the 4 things i have left that i cab salvage. Wbat right did she gave abd can he be charged with theft and criminal mischief? I waztokd by tge police to file a civil criminal complaint or call the DA. Tge miney judgement is still un appeal. I spike ro a lawyer who sats my case is good in excess if 25 grand vut its $1000 retainer. I cant affird it wuth my husbands nedical issues plus rented equipment for medical and cable boxes were thrown out too. I owe my brother $5000 fir thexlian he took out fir me to move and im broke and have to start over. I dont even k iw where to start. Any advise woukd be great. I have pictures and text messages as well and still demanding my security. She git a lawyer and told her i have no case.
     
  2. army judge

    army judge Super Moderator

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    You might get 1 or 2 people to read that massive missive or super-sized screed, but most responders (including moi) won't.

    All I will say is that you wish to speak to a couple local real estate attorneys about whatever is plaguing you.
     
  3. Joann

    Joann Law Topic Starter New Member

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    Okay I'll narrow it down. My landlord and her new tenant locked me out well I was home packing to move during the appeal of the eviction. New tenant was a handyman who made repairs so she didn't have too much I've been asking her to. He then threw everyone of my things away including my wedding gown my father's ashes you name it everything I owned is trashed. I have absolutely nothing and I and my brother $5,000 because he got a loan to help me move. My husband's disabled he just had his foot and ankle amputated the site is still open so he's risking infection because he was supposed to have surgery while this was going on. I just want to know if he can be charged possibly with criminal mischief and or receiving stolen property she is a lawyer now she lock the doors on the 8th of January and I told her to leave because she had no order and there was no sherriff and she finally got the order and the Writ executed on the 4th of February. I ran into the sheriff and got the paperwork which gave me 10 more days and all my stuff by then has been destroyed trashed and gone.
     
  4. army judge

    army judge Super Moderator

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    Only the local law enforcement agency that reigns supreme in your area can answer that question.

    I suggest you ask the appropriate authority.


    No strangers have anyway of ascertaining the legality of the court order another person possessed, or used to cause you to be removed from the premises.

    However, you can ask the court clerk if the documents you were shown were/are legitimate.

    If what you recited above occurred, again, I suggest you consult a local attorney or the the court.

    ======================================================

    In Pennsylvania, once a landlord/tenant eviction hearing is decided by a Magisterial District Justice (or by a Municipal Court Judge in Philadelphia), either party has the right to appeal if they disagree with the decision.

    If a tenant appeals a determination of possession, there is a 10 day appeal deadline. In other words, the tenant must file the appeal in the Court of Common Pleas where the property is located within 10 days. The tenant has to then serve the notice and Rule advising the Landlord that they have 20 days to file a complaint. These forms must be served on the Landlord and Magisterial District Judge.

    The tenant must also file a supersedeas which prevents the sheriff or constable from kicking the tenant out of the property. In addition to filing fees, the supersedeas requires that the tenant pay the lower of 3 months’ rent or the judgment to the Court to hold in escrow until the final hearing. The tenant must also pay the monthly rent to the Court every 30 days. If the tenant fails to do this, the supersedeas may be terminated and the eviction may proceed. Make certain that you keep track of this deadline as some months have more than 30 days.

    Landlord Tenant Appeals | Karen Ann Ulmer, P.C. | Bucks County

    What happens when a tenant appeals an eviction judgment for possession in PA? | Zawarski Law

    PALawHELP.org - Your Online Guide to Legal Information and Legal Services in Pennsylvania
     
  5. Joann

    Joann Law Topic Starter New Member

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    Im aware of the appeals pricess. Tge night she showed uomp, I told herctonleave. Sge saud shexwas awarded possession. I said yes yoi gave a jysgemebt which meabs nothing as to what you're doing here. I told her I recieved her answer and an in the process of answering back. I said without a couet order that was executed and the sheriff shows up with the writ, yoy need to go now. This waa January 8th. Order issued and executed on the 4th of February. I spoke to an attorney and have a very good case but unfortunately I cant afford the $1000 retainer with sick husband and having to start our 25 years together all over again since everything we owned was destroyed, stolen and trashed.
     
  6. flyingron

    flyingron Well-Known Member

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    If he has the writ, he can have it executed. Your intent to appeal or even having filed an appeal doesn't stay the removal. You have to both notify the landlord properly within ten days and the file a supersedeas (which includes depositing the appropriate fee which could be as much as three months rent) to stay the execution. Apparently, you didn't do that. The sheriff came and your stuff was put out. THey have no responsibility for what happened to your stuff after that NOR has anybody done anything criminal. You can forget all that.
     

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