IS A LANDLORD ABLE TO REMOVE TENANTS PROPERTY WITHOUT GOING THROUGH THE COURT EVEN IF THE LL BELIEVES ITS ABANDONED? CAN I SUE?

Asked about 1 month ago - Wilson, NC

I OWED HALF OF RENT FROM LAST MONTH. ME AND LANDLORD AGREED THAT I WOULD PAY ON THE 31ST. I DIDNT PAY. I GO TO MY HOME ON THE 7TH TO GET MAIL AND I SEE SOME OF MY THINGS OUTSIDE WITH A FOR RENT SIGN IN THE YARD. ALSO IN THE MAILBOX IS A NOTE DATED FOR THE 3RD SAYING THAT IF I DONT PAY BY THE 9TH THE EVICTION PROCESS WOULD BEGIN. ALL MY THINGS ARE ALREADY OUTSIDE THOUGH OR WHATS LEFT OF IT. I TEXT HIM AND HE SAYS THAT I ABANDONED THE APARTMENT BECAUSE THE LIGHTS WERE OFF. I ALREADY TOLD HIM THAT I WASNT LIVING THERE AND WAS JUST PAYING MY RENT UNTIL I CAN GET MY LIGHTBILL DOWN AND WOULD MOVE BACK IN.

Attorney answers (1)

  1. Kenneth Love Jr.

    Contributor Level 18

    Answered . There is a process to claim a home as abandoned and that includes posting notice and waiting a period of time. The statute for this is here: http://www.ncleg.net/EnactedLegislation/Statute...

    The problem is you will get into a he said she said matter. Can you just move your items back in? Either way, you need to pay rent. If rent is not paid, then he will get possession anyway through the court process.

    Could you sue for an illegal eviction? yes. The problem will be that your lights are off and you didn't pay rent, those are signs of abandonment...not absolute signs, but they make an illegal eviction case tougher.

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