Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

do I have a good case against my landlord?

so I moved out of a mobile home a few months ago. I had been living there about 2 yrs had had to move bc we could no longer keep up with the rent. I had never been late or missed a rent payment before until the last month that I was there. I asked the landlord if I could pay her half then and the other half later which was 200 dollars. I had given my 30 day notice and all and maybe a week before the 30 days was up she actually changed the locks on the mobile home and told me that she wouldn't unlock it until I paid the 200. I wasn't even able to clean up or finish moving my things! I called the Sheriffs office and basically they said they weren't allowed to intervene but that it was still my property until my notice was up and said if I have to break the lock off to get in to get my stuff then I couldn't get in trouble. Long story short after repeatedly trying to get her to open the door and telling her what the police said I had to break a window to get in and get my stuff. Now she wants to take me to court for damages including everything she had to clean and replace since she didn't let me do it. Is that fair? She wants almost 1000! And didn't even use my security deposit of 400 for anything. But it she hadn't locked me out I would have had everything in good condition! What do you ladies think?

Answer Question
 
secondtyme520

Asked by secondtyme520 at 12:56 PM on Dec. 4, 2010 in Money & Work

Level 13 (1,344 Credits)
Answers (11)
  • I think you do, but might have difficulty if you don't have police reports. I would call one of the TV judges.. .its a bit easier then regular court lol

    I think you have a good standing but I'm not an expert of course.
    tntmom1027

    Answer by tntmom1027 at 1:00 PM on Dec. 4, 2010

  • What state do you live in? Check your state laws. It would seem that if you broke a window to get in to get your stuff, you could have cleaned and fixed everything at that time. You owe her the other half of your rent and the late fee. You also owe for any damages, cleaning, and repairs she had to make to ready it for rerenting. You may also owe her for the time that she could not rent it because of the repairs she needed to make. That month may be where she applied your deposit.

    Depending on your state and local laws, you may owe it. She could possibly take you to court and get a judgement and garnish your wages or something.
    Anonymous

    Answer by Anonymous at 1:04 PM on Dec. 4, 2010

  • I would have told the police that they needed to be there WITH you when you did it. If they would not, I would have filed a case against here in small claims court. I would not have broken in.
    Anonymous

    Answer by Anonymous at 1:06 PM on Dec. 4, 2010

  • No, I think they have a good case against you.
    Anonymous

    Answer by Anonymous at 1:22 PM on Dec. 4, 2010

  • I was informed by the police that since it was a civil matter there was nothing they could do. That she didn't go through the legal eviction process and she wasn't supposed to be able to just lock me out. They also said they could nit come to the scene bc it is on the same level of losing my keys and having to break in your own house. They also said there was no kind of report I could file against her. I didn't break the window until the day before my lease was up so no there was no time to clean I had to grab what was most important and leave behind what was not. I didn't have the extra week to finish moving or sorting anything. So how can she make me pay if she prevented me from doing anything?
    secondtyme520

    Comment by secondtyme520 (original poster) at 1:23 PM on Dec. 4, 2010

  • Sounds like you do!!!
    khf22

    Answer by khf22 at 1:32 PM on Dec. 4, 2010

  • I would look at the laws in your state. There are several websites that list the laws. If she was in the wrong for not giving a proper eviction notice, you could always countersue for the value of the items left and for whatever cost you incurred for not being allowed on your property.
    layh41407

    Answer by layh41407 at 1:34 PM on Dec. 4, 2010

  • If she's suing you for $1000 in damages, counter-sue for what you had to leave behind, plus mental stress over being locked out - if you left $1000 worth of belongings, counter-sue for $1500 or $2000 - basically $500 or more above the amount of stuff you had to leave behind. Most people back down when they're counter-sued, because they know they're in the wrong. And in this case, the land lord is in the wrong, based on your story.
    Anonymous

    Answer by Anonymous at 1:42 PM on Dec. 4, 2010

  • As a landlord I wouldn't have locked you out but since you only paid half the rent would have asked you to leave half way through the month and not to use me as a reference in the future. I don't get paid my rent I can't pay my bills. I don't know the laws in your state but if you could break the window to get in to get your stuff you could have cleaned while there. I think she might have a case.
    Anonymous

    Answer by Anonymous at 2:58 PM on Dec. 4, 2010

  • How messy was the place you couldn't clean it in a day. WOW
    Anonymous

    Answer by Anonymous at 2:59 PM on Dec. 4, 2010

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.

Next question in Money & Work
Changing Insurance

Next question overall (Food & Drink)
Sandwich trays @ Walmart

close Join now to connect to
other members!
Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN