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Uncle Passed Away Landlord Changed Locks

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Jcg9588

Junior Member
this is in New Hampshire. His wife and kids left about 3 months ago, and a few weeks ago he passed away. He is about 2 months behind on rent. The landlord was informed about what happens and we told him we were moving everything out. He said ok take your time. We showed up and less than a week after talking to him he changed the locks and won’t let us in. Says he’s keeping the stuff . What do we do?
 


HRZ

Senior Member
THis is not a WE situation ....at least as presented, the tenants wife and kids remain tenants , absent due process eviction or a mutual surrender ...neither of which you address as having happened .

Most jurisdictions have rules that make things very uncomfortable for LLs that practice self help lockouts ...which is what this ....wife looks the rules up and plays hardball.
 

Jcg9588

Junior Member
Wel the problem is the wife is out of state, and I’m not sure if she still is but was receiving treatment at a hospital I believe. I haven’t been able to contact her but I figured as much that it’s on her. Either way he hasn’t served an eviction notice so he is way out of line locking the doors. We were in the process of moving the stuff out for the wife, and were going to bring her there but now it’s locked. Who does his wife need to contact seeing as he changed the locks I believe and has not served anyone a notice. It’s only been 3 weeks since he passed away. He was $2080 behind on rent.
 

HRZ

Senior Member
THe wife reads the NH law as to lockouts ...it imposes the prospect of whopping daily fines and damages plus attorney fees if the LL does not immediately correct the problem as to access by tenant.

it is ultra likely she can invite in any guest she chooses to help move or whatever.

HOw aggressive a tenant can be to bypass a lock if the LL is slow to fix it Up suggest the wife revew wth local attorney or police**************personally as a LL ,not i n NH, I'd give myself zero odds to come out without deep scars to my wallet or worse to pull.a dumb stunt like a tenant lockout.
 

Gail in Georgia

Senior Member
" Either way he hasn’t served an eviction notice so he is way out of line locking the doors. "

Considering it appears you're legal strangers in all of this (having never been on the lease, correct?) the landlord may not be out of line by locking you out of the tenants property at this time.

Gail
 

HRZ

Senior Member
I did not reads post in context that tenant had abandonned the premises ..but wife would be smart to read NH. 540 A 4 line by lne word by word just to confirm there was not abandonment and seek counsel if unclear.
 

Jcg9588

Junior Member
She intends on coming back, and my uncle was living there up until 3 weeks ago when he passed away. I read something it’s up to $1,000 a day fine for him doing this, so I’m getting in contact with her then we will be taking him to civil court. We had been in contact that we were clearing everything out and would pay the owed rent with his life insurance. He then locked it a few days later and refuses to let anyone in now. As far as I know the wife should still be on the lease, and it’s only been 3 weeks since he died. She hasn’t abandoned the property or spoke with him. I spoke with him on a Friday and said we were clearing everything or and I was there pretty much every day and we’d have it figured out soon. He left me a message on Sunday, I told him we were working on it still and such. He said call him Monday but we didn’t get in contact. I went to the place Tuesday because I wasn’t there Monday, and it was all locked up.
 

Jcg9588

Junior Member
" Either way he hasn’t served an eviction notice so he is way out of line locking the doors. "

Considering it appears you're legal strangers in all of this (having never been on the lease, correct?) the landlord may not be out of line by locking you out of the tenants property at this time.

Gail
And by the way, if she is not on the lease, which I think she is.. and regardless.. law in NH is landlord MUST give tenants family 30 days to clear the property.
 

adjusterjack

Senior Member
" Either way he hasn’t served an eviction notice so he is way out of line locking the doors. "

Considering it appears you're legal strangers in all of this (having never been on the lease, correct?) the landlord may not be out of line by locking you out of the tenants property at this time.

Gail
I agree. I don't see this as abandonment or an illegal lock out.

The landlord is safeguarding the property until the legal representative of the estate or the wife (if she is on the lease) comes forward.

Especially when I read this:

She hasn’t abandoned the property or spoke with him
I realize that she is having a tough time but she is the only one who needs to contact the LL (or the representative of the estate).

What all the relatives say or do is meaningless.
 

Jcg9588

Junior Member
You’re missing the point of what I’m saying.. regardless of her speaking up to talk to him right now, he has locked the place and will not let us take anything unless he is given what he is owed for rent. He says if he isn’t paid in a couple weeks or whatever then he will throw everything away. Is this legal and what can I do for my uncle and his kids? His wife is like a mess of her own and doesn’t even really care it seems. But my focus is to get everything for the young kids and all his belongings that were betrothed to me and whoever else.
 

eerelations

Senior Member
Regardless of what kind of mess that the wife is in, it appears that she may be the only person legally allowed to remove your uncle's stuff. If that's the case then the LL is perfectly within his legal rights to prevent you from taking said stuff.

And please explain what you mean when you say said stuff was "betrothed" to you. (Keeping in mind that "betrothed" means "engaged to be married" - are you engaged to your uncle's stuff?) Do you mean your uncle left a will? And that he named you in said will as inheritor of all his stuff?
 

Jcg9588

Junior Member
Again.. what I said was, I was in the process of moving the stuff for my aunt, at her request. Sorry betrothed wrong word was really tired. Yes some of the stuff I have inherited, and he says he doesn’t care he’s going to throw it away unless the rent is paid. My aunt had asked me to start packing stuff, and he knows that. You’re not hearing what I’m saying. He won’t let ANYONE in the place, my aunt, me, the kids, my dad, the president, or even my uncles ghost. He locked the doors and is holding all the stuff without putting up an eviction notice. He basically locked everyone out of their house. And he’s holding all the stuff ransom..
 

Zigner

Senior Member, Non-Attorney
Again.. what I said was, I was in the process of moving the stuff for my aunt, at her request. Sorry betrothed wrong word was really tired. Yes some of the stuff I have inherited, and he says he doesn’t care he’s going to throw it away unless the rent is paid. My aunt had asked me to start packing stuff, and he knows that. You’re not hearing what I’m saying. He won’t let ANYONE in the place, my aunt, me, the kids, my dad, the president, or even my uncles ghost. He locked the doors and is holding all the stuff without putting up an eviction notice. He basically locked everyone out of their house. And he’s holding all the stuff ransom..
You've never said that aunt/cousins were refused, and YOU are the one missing the point here. All you've said is that you haven't been able to get the stuff. Do you have a valid power of attorney from aunt? Not that it matters...AUNT is the one that needs to take legal action.
 

Jcg9588

Junior Member
I’ve been saying all along “we’ve” been trying to get the stuff, that’s what I’m asking my next step, I need to have an attorney contact the landlord on her behalf? I have been asked to handle all of this on her behalf she is out of state.. I figured you understood that by the fact that I’m in here asking and I’ve been the one trying to get the stuff FOR her.. what did you think I was stealing it for myself without her knowing?
 

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