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Illegal lockout

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WastinTyme

Guest
What is the name of your state? Tex I will try to be as brief as possible. I have lived in my present home for 12 years. It is owned by my mother and we had an agreement that I would live there rent free for my labor of remodeling and any maintenance that the house required. Eight months ago she was found incompetent and a guardian was appointed to run her affairs. The guardian then required me to sign a lease or get out of the house. The house is also left to me in my mother's will and I'm the exectutor of said will. The lease that I signed ended 1-1-04 and the guardian said that it was too much trouble for her so she was just going to sell the house. She also knows it's the only thing left to me in my mother's will and selling it would disinherit me. On 1-1-04 me and my wife went to the house to get some thing's and the locks haaaaad been changed. So I entered through a secret wood loading door by the fireplace. I turned the lights on and saw that things were missing. Told the wife to stay there and went to call police. On the way to store had the police pull me over and draw their gun's and tell me they had a call of a burglary. Anyway we all go back to the house and the guardian is there and tells them she has all right's to the house and it's contents and to throw me in jail if I return. I have never received an eviction notice. She also told the police she was the one who took my desk, my wife's grandmother's china, my crystal, an end table, and what else I don't know. She is also a lawyer and the police told me they didn't want to be involved. How can I have this woman (lawyer) charged with theft? My lease has nothing in it that gives her a landlords lien on my propery. She also refused to give me a new key to the locks she changed. Thanks ans sorry for the lenght of this.
 


HomeGuru

Senior Member
WastinTyme said:
What is the name of your state? Tex I will try to be as brief as possible. I have lived in my present home for 12 years. It is owned by my mother and we had an agreement that I would live there rent free for my labor of remodeling and any maintenance that the house required. Eight months ago she was found incompetent and a guardian was appointed to run her affairs. The guardian then required me to sign a lease or get out of the house. The house is also left to me in my mother's will and I'm the exectutor of said will. The lease that I signed ended 1-1-04 and the guardian said that it was too much trouble for her so she was just going to sell the house. She also knows it's the only thing left to me in my mother's will and selling it would disinherit me. On 1-1-04 me and my wife went to the house to get some thing's and the locks haaaaad been changed. So I entered through a secret wood loading door by the fireplace. I turned the lights on and saw that things were missing. Told the wife to stay there and went to call police. On the way to store had the police pull me over and draw their gun's and tell me they had a call of a burglary. Anyway we all go back to the house and the guardian is there and tells them she has all right's to the house and it's contents and to throw me in jail if I return. I have never received an eviction notice. She also told the police she was the one who took my desk, my wife's grandmother's china, my crystal, an end table, and what else I don't know. She is also a lawyer and the police told me they didn't want to be involved. How can I have this woman (lawyer) charged with theft? My lease has nothing in it that gives her a landlords lien on my propery. She also refused to give me a new key to the locks she changed. Thanks ans sorry for the lenght of this.
**A: I am sure that there is a lot more to this story. Hire a real estate attorney.
 
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WastinTyme

Guest
There is but I am just concerned with my property that was removed from the house and the locks being changed without an eviction being filed in court for now.
 
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WastinTyme

Guest
My tools, clothes, food, kids toys, everything is still in the house and I don't believe she can take those things or anything else for that matter.
 
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WastinTyme

Guest
I have never moved out and the back rent that I owe was agreed that I would paint the exterior of the house which I was in the process of. That still doesn't give her the right to lock me out and steal my stuff does it?
 
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WastinTyme

Guest
My property that is/was in the house (I don't know anymore) is worth $20,000+ so I don't think she is trying to get back rent of $1650.00
 

HomeGuru

Senior Member
WastinTyme said:
On 1-1-04 me and my wife went to the house to get some thing's and the locks haaaaad been changed.

**A: if you did not move out why make such a statement?
 
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WastinTyme

Guest
Sorry was trying to make as short as possible. My wife left 2 months ago and got her own apt. we have 2 sets of beds for our 2 kids and we were going to get 1 set to take to her place so when they were there they had a bed to sleep on.
 
You will need to go to the JP court and file for an emergency issuance of a writ for reentry. If granted, you'll get a key. Even if you owe rent, the landlord must provide a key. You can also sue for damages as HG suggested. I would also file a police report for the items that are missing from the house.

Then I would get an attorney to petition the court to remove the 'guardian' from handling your mother's finances.
 

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