LockedOut w/o clothes

[out for blood..]

What is the name of your state?
Louisiana

My wife, 2yr daughter and myself had mo-mo rental agreement with private landlord, on day rent was due left note saying if not paid by 6 pm that day, to be out next day. Advised him next day, we were moving because of his constant (6am) visits, checking on things and not this demand. Three days later, received 10 day notice to vacate by certified letter. 3 days into the 10 day period, moved a few things loaned to us from my mom to her storage, and spent the night with her because it was out of town. Came back home next day, note on door - locks changed, contact landlord. All of our clothes, bed, babybed, furniture, etc. was inside the house. Contacted landlord, stated would have to pay current mo's rent before getting back in. Tried to reason with him, had JP and Constable try, and called Sheriff's deputy out on 2 occassions with only success being he finally allowed us to get clothes and daughter's bed. Note: Sheriff's Deputy would not demand return of belongings, even though nothing has been filed thru Judicial Process, and we had Rental Agreement, 1st, 2nd and 3rd Notes all signed and dated by Landlord and had even admitted he knew the law, but didn't care to the deputy and constable. I can't afford an attorney, we found a place to rent that wasn't ready but were allowed to stay in anyway (with no stove, refrig. or hot water for 2 wks; still have no bed). JP has finally told us there might be some kind of writ that can be done, but it will take some time to find out which one it is. HELP.... ANY ADVICE... and please no rude comments, we just need advice.

Basically Homeless in Louisiana...No hurricane either!

 

[ENASNI]

Check with your local housing authority. He is definitely thwarting the law.
You may have to check with your local Court as well about getting some order or writ to get the local sheriffs to assist you. I cannot believe they did not assist you more.

http://www.lawhelp.org/LA/StateChannelResults.cfm/County/ /City/ /demoMode/= 1/Language/1/State/LA/TextOnly/N/ZipCode/ /LoggedIn/0/iSubTopicID/1/iProblemCodeID/1630300/sTopicImage/g-housing.gif/iTopicID/622/iChannelID/143/bAllState/0

This link may help you find which court house is in the jurisdiction of your old house.

Good luck.

 

[xylene]

Here are some resources

http://law.loyno.edu/~quigley/deskman2001/booklandlord.pdf

Your description is a bit convoluted too- Are your belongings in an apartment for which your rent is current and you removed some things, but not all and then got locked out (during the time you are 'paid-up')

or

Did the end of the previous pay period end, and then you decide to move, and then move out leaving things behind (not paid-up)


AND

where you behind in payments when landlord left tacked-up notice?

 

[out for blood..]

Louisiana

I have spoken with the Sheriff himself, he says it is a civil matter, not his. I have spoken with the DA, he says it is civil, he only deals with criminal. When I suggested that this is actually a criminal offense also, (Theft, trespassing, illegal entry ...) He told me to hire an attorney. The Justice of the Peace is trying, but isn't real familiar with the laws apparently. I gave him the Louisiana Landlord-Tenant Law which I found after speaking with the Attorney General's Office and filing a complaint. In case you haven't figured it out, we are definitely SMALL TOWN! The JP says he is thinking he can file a writ of replevin???

 

[out for blood..]

Louisiana

To: xylene

The rent was due on the 27th, rec'd note on that day stating to be out by the 28th if not paid by 6 pm on 27th. Were current at this time. This is a contrary old man. This note coupled with his constant visits at 6 am, made my decision to inform him we would be moving and also that I would prorate rent for time that I was there and advised him would be no more than 2 wks. He was angry. If you read my 1st message, we only moved a few items that belonged to my mom. It was obvious that we had not moved out! He not only changed locks, but on the 2nd visit with a deputy, when we were allowed to get clothes and babybed, we found all of our belongings had been moved to a storage room on the property.

 

[ENASNI]

well

This is what he is thinking about.

http://www.usmarshals.gov/process/replevin.htm

How and what to do about the illegal lock-out is something for a civil court to look into, but I see right now you just want your belongings.