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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Tenants rights

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Old Jul 26th, 2008, 04:55 PM     #1
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Confused Tenants rights

I was renting a trailer in NC. While I was out of town the owners daughter, who has power of attorney, sold the trailer, when I returned to the trailer there was a new deadbolt lock on the front door and some of my things were gone. When I asked where my stuff was,and who put the deadbolt lock up, noone seemed to know anything. They have told me that they are going to move the trailer in seven days and if I want whats in the trailer I will have to come get it, I got some of my things but I could not get it all. I thought they would have to serve me with a summary ejectment and give me time to get moved instead of seven days. Can they legally do this and what are my rights?
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Old Jul 26th, 2008, 05:05 PM     #2
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Default Re: Tenants rights

The thing about POA is, assuming all the authority you also assume all the obligations. If you have as little as "a" receipt for rent you have proof of an agreement, and even a loosely enforced contract.
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Old Jul 26th, 2008, 08:08 PM     #3
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Default Re: Tenants rights

If you have no written lease, they can give you a notice to not renew your tenancy at will. This notice is only 7 days in NC (It is 30 or 60 days in most states.) You need to be out by that date, or they can file eviction against you. An eviction should be filed with the court, a hearing set, then you will be evicted after that ruling.

But it looks to me as if your have been illegally evicted by the daughter. File suit against her for the loss of your rented residence, any belongings that are missing or that you are unable to access, and for the inconvenience of this. Putting a padlock on your door and not giving you access to y9ur rented residence is ilegal and any police officeer should force them to let you in.
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Old Jul 27th, 2008, 09:36 PM     #4
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Default Re: Tenants rights

This sounds similar to what happened to our family. The landlord put up a big "Keep Out" sign when we were in the process of moving out, threw out many of our belongings (had them taken to the dump), and then threatened to call the cops if we didn't get out of the house when we were trying to salvage what was left of our things. We should have let him call them, I guess, and had a report of that incident. Oh well, hindsight is 20/20. We feel that we have a good case for a lawsuit and are pursuing that avenue. We are awaiting legal advice. It sounds like you have grounds for a lawsuit as well. I wish you the best of luck.
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