don't want to forfeit residency

[pigpen]

What is the name of your state? Mississippi

what should you do if a roommate changes the locks even though you still have a lease and havent been evicted...they say i forfeited my tenancy when i removed my belongings, but i thought i was doing someone a temporary favor...i never gave the key back and still have my copy of the lease...is this enough to still have residency? the LL will not help me, she is siding with the roommate...BTW the roommate and i both have our own lease from the LL for the same house if that makes a difference...they are both sneaky, i fear that if i dont get back in the house, i will end up paying for their damages

 

[HomeGuru]

What is the name of your state? Mississippi

what should you do if a roommate changes the locks even though you still have a lease and havent been evicted...they say i forfeited my tenancy when i removed my belongings, but i thought i was doing someone a temporary favor...i never gave the key back and still have my copy of the lease...is this enough to still have residency? the LL will not help me, she is siding with the roommate...BTW the roommate and i both have our own lease from the LL for the same house if that makes a difference...they are both sneaky, i fear that if i dont get back in the house, i will end up paying for their damages

**A: there is a lot more to this story than what you posted. Bottomline is that if you are still a legal tenant, L has illegally locked you out.

 

[pigpen]

yes there is a long story behind this...i just want to make sure that if i stay away for a while i wont be forfeiting residency...if i need to do something before its too late i will...i just dont want to end up hearing a lawyer say "well you knew the doors were locked and you didnt do anything about it, so that means you forfeited tenancy"
p.s. the roommate changed the locks, not the LL

p.p.s. keep in mind i want to stay gone for a while if it will help my friend with her problems, UNLESS i am going to end up homeless

 

[abezon]

If the locks are changed, LL has a responsibility to provide you with a new key. Failure to do so is an unlawful lockout. Read Miss Statutes Title 89, Chapter 8 for the residential LT act. The unlawful detainer laws are in Title 11, chapter 25. If LL doesn't give you a key to the new lock, LL is in breach of the lease and in unlawful possession of YOUR leased premises. You can sue LL for damages and court costs and attorney fees. Point this out to LL in a letter and demand a new key within 24 hours. Then test the new key to make sure it works.

Failure to assert your tenancy rights may operate as a waiver of those rights, so get a key now. You also need to get a written agreement from your friend that (1) she will pay your rent for the months you are gone at her request, and (2) that she will give you notice 30 days before she expects you to start paying rent again and (3) that you can move back in at any time with no notice, provided you reimburse her for any rent she paid on your behalf (prorated if you move in mid-month).

If she won't agree to that, then terminate the lease with LL for cause (denial of access) and find a new place now. LL has to return your security deposit within 45 days. 89-8-21.

 

[pigpen]

thanks for your help...ironically i am the one who handled the repair and deduct matters for her, and now she doesnt want me around for a while...i feel petty for doing this, but i dont think she should be able to do this to somebody...i feel the need to fight it purely on principle...thanks again