Uncle Passed Away Landlord Changed Locks

[Gail in Georgia]

"what did you think I was stealing it for myself without her knowing? "

Would you like us to guess on this? Would you like the landlord to do the same?

It would appear from your posting that the landlord had not been provided with anything in writing from the remaining tenant (the wife) allowing you to do this, had second thoughts regarding allowing a legal stranger to enter the rental and remove property and made the decision to secure it until more information could be provided.

"we will be taking him to civil court"

Again, "we" won't be taking anyone to civil court. If the tenant (the wife) wishes to sue she may do so (and, of course, you may accompany her for support and if allowed to speak by the court, may do so). However, unless you were on the lease you play no legal role in any of this.

Gail

 

[Jcg9588]

When I’m the one whose going to be driving her and am the one helping her with this as she need the help, yeah “WE” will be taking seeing him in court. What do you not get about the thing I have typed probably 5 times now. He. Will. Not. Let. Her. Get. The. Stuff. Either.

 

[not2cleverRed]

When I’m the one whose going to be driving her and am the one helping her with this as she need the help, yeah “WE” will be taking seeing him in court. What do you not get about the thing I have typed probably 5 times now. He. Will. Not. Let. Her. Get. The. Stuff. Either.

The problem is, which you don't seem to be getting, is: You. Do. Not. Have. Legal. Standing. Only. She. Can. File. Anything.

 

[quincy]

When I’m the one whose going to be driving her and am the one helping her with this as she need the help, yeah “WE” will be taking seeing him in court. What do you not get about the thing I have typed probably 5 times now. He. Will. Not. Let. Her. Get. The. Stuff. Either.

You might be driving her to court but it is not your legal issue.

If you want to help, offer to pay for an attorney to assist her.

Weren't you told this several times already?

 

[Jcg9588]

Righ so that’s basically all I can do? Nobody was very clear.. basically need an attorney at this point or can she just file something to get her place opened back up?

 

[HRZ]

The LL has no right to,take law into own hands and at least as posted is a lot about holding stuff hostage for money. . ( As a LL I'm emphatic with LL just not his steps )

You are completely missing the boat , AUNT has a pile of legal rights a tenant..even tenant with no intention of paying any bills have piles of same legal rights .

LL who locks out tenant or her invited guest is way on wrong side of law and looking at piles of $$ problems.

Tenant who fails to reaffirm her status as tenant is unwisely giving LL a window to debate abandonment .

THe dumbest tenant advocate lawyer in NH is likely to bring LL to tears , if engaged and paid to do so.

Tenant needs to wise up and either make the rules work as intended or pay attorney in NH to do so.

Tenants have almost all the rules in thier favor..Aunt is destined to bumble into defeat at her own hands .

This is NOT a WE

BUt as her invitee you you have right to enter and be there up to time her tenancy is extinguished

 

[Just Blue]

The LL has no right to,take law into own hands and at least as posted is a lot about holding stuff hostage for money. . ( As a LL I'm emphatic with LL just not his steps )

You are completely missing the boat , AUNT has a pile of legal rights a tenant..even tenant with no intention of paying any bills have piles of same legal rights .

LL who locks out tenant or her invited guest is way on wrong side of law and looking at piles of $$ problems.

Tenant who fails to reaffirm her status as tenant is unwisely giving LL a window to debate abandonment .

THe dumbest tenant advocate lawyer in NH is likely to bring LL to tears , if engaged and paid to do so.

Tenant needs to wise up and either make the rules work as intended or pay attorney in NH to do so.

Tenants have almost all the rules in thier favor..Aunt is destined to bumble into defeat at her own hands .

This is NOT a WE

BUt as her invitee you you have right to enter and be there up to time her tenancy is extinguished

Are you a LL in NH?

 

[adjusterjack]

Look at it this way:

I am the NH landlord. My tenant died. The wife of my tenant (presumably on the lease) HAS NOT COME FORWARD in the three weeks since her husband died.

All that has happened is that strangers who have NO LEGAL RIGHT to say or do anything have said this, that and the other thing.

While I may be posturing for my back rent, again, to strangers who have NO LEGAL RIGHT to anything, I am well within my rights to prevent strangers who have NO LEGAL RIGHT to anything from entering the unit and removing anything.

Now for the statutes:

540-A:3 Certain Specific Acts Prohibited.
II. No landlord shall willfully seize, hold, or otherwise directly or indirectly deny a tenant access to and possession of such tenant's rented or leased premises, other than through proper judicial process.
III. No landlord shall willfully seize, hold, or otherwise directly or indirectly deny a tenant access to and possession of such tenant's property, other than by proper judicial process.

I am not denying THE TENANT access and possession to anything. THE TENANT (wife) has not said word one to me in the three weeks since her husband died.

VII. Other than residential real estate under RSA 540-B, a landlord shall maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 7 days after the date upon which such tenant has vacated. During this period, the tenant shall be allowed to recover personal property without payment of rent or storage fees. After the 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.

Note that the statute doesn't say abandoned, only vacated.

The 7 days has long since passed without any contact from THE TENANT. I could have tossed all the stuff two weeks ago but I haven't.

Had I prevented THE TENANT from getting her property within the 7 days I would have been in the wrong. But, obviously, I haven't "denied" THE TENANT anything because THE TENANT has not shown up to get anything.

Regardless of anything that I might have said to strangers who have NO LEGAL RIGHTS I have not said it to THE TENANT and, therefore, have done nothing illegal.

So, Jcg9588, I hope it's clear to you now that the wife (or the representative of the estate) has to get personally involved in this. Otherwise the LL has done nothing wrong or illegal, yet. And since 7 days have already passed he may yet be able to toss everything without penalty.

 

[FarmerJ]

Find a attorney in your area and have her contact the attorney , she can hire the atty to draw up a letter addressing the landlord and landlords actions and she can include in the letter the attorney draws up wording that says she wants you to move his property out of the apartment on her behalf- for her. Then if the LL refuses to cooperate the attorney can take further action for your aunt.

 

[adjusterjack]

Find a attorney in your area and have her contact the attorney , she can hire the atty to draw up a letter addressing the landlord and landlords actions and she can include in the letter the attorney draws up wording that says she wants you to move his property out of the apartment on her behalf- for her. Then if the LL refuses to cooperate the attorney can take further action for your aunt.

Exactly. ^^^^^^

 

[justalayman]

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.

Do you have a citation for that? I’ve found no law that addresses a situation where the tenant dies. Additionally, since there is presumably a co-tenant, the landlord would be remiss if they allowed you into the apartment since technically there is still a tenant who would have control over the property within the apartment. Letting you in to remove things could get the landlord into all sorts of legal issues.


As it stands, unless the wife has contacted the landlord, it really looks like abandonment. No rent paid for months, nobody in the unit for 3 weeks; sure looks like abandonment. I don’t know if that allows the landlord to terminate the tenancy and claim the personal property within though.


ETA: I hadn’t read all the posts prior to posting. I see jack has provided law that shows the landlord is acting within his rights.

 

[justalayman]

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?

Has your aunt personally attempted to retireve property?
Has your aunt spoken directly to the landlord?

unless the answers are yes, the landlord has not prevented anybody with a right to enter the apartment from entering the apartment.

Unless the landlord has been given specific notice by your aunt that you are retrieving property for your her, you have no rights here.

Given you posted the following yesterday, I’ll take it the wife has not been in contact with the landlord

Well 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 how is it you are removing the personal property FOR HER, since, ya know, you haven’t even talked to her?

Yes some of the stuff I have inherited,

unless there is a will saying so, then no, you have not inherited anything. Then, unless and until the will is presented to probate, it is not effective.

 

[HRZ]

I am not disagreeing with adjusterjack ...but HER failure to come forward promptly and firmly as a TENANT in LLs face and in paper is going to be her undoing ...one need not be listed or signing a lease ...but failure to come forward is going to make it smell like tenant abandonned the place ....let's put it this way..either the tenant wishes up or she pays somebody say $200 per hour to sort it out...or she cuts her losses and decides to nothing.

NO I'm not a LL in NH but a long time LL elsewhere and I've had tenants die and situations where it was not clear if some unnamed co occupant was really out or not ....but it's darn clear the rules many places are stacked against a LL who locks out a tenant of holds property as ransome ..and NH is right in there ...and tenant seems to get every benefit of any doubt....and as a LL if I bungle the eviction steps of a left over spouse / friend the judge might give me Zero slack ..as LL it's my job to get it right. Her LL did not get it right as posted ..but it's Her job to punch her own buttons ...I've had a judge examine me if tenants toothbrush was still there...in his view tenant was not out if toothbrush was still there ..( I passed the test )!.

 

[justalayman]

I am not disagreeing with adjusterjack ...but HER failure to come forward promptly and firmly as a TENANT in LLs face and in paper is going to be her undoing ...one need not be listed or signing a lease ...but failure to come forward is going to make it smell like tenant abandonned the place ....let's put it this way..either the tenant wishes up or she pays somebody say $200 per hour to sort it out...or she cuts her losses and decides to nothing.

NO I'm not a LL in NH but a long time LL elsewhere and I've had tenants die and situations where it was not clear if some unnamed co occupant was really out or not ....but it's darn clear the rules many places are stacked against a LL who locks out a tenant of holds property as ransome ..and NH is right in there ...and tenant seems to get every benefit of any doubt....and as a LL if I bungle the eviction steps of a left over spouse / friend the judge might give me Zero slack ..as LL it's my job to get it right. Her LL did not get it right as posted ..but it's Her job to punch her own buttons ...I've had a judge examine me if tenants toothbrush was still there...in his view tenant was not out if toothbrush was still there ..( I passed the test )!.

Per the law, if the unit was vacant over 7 days the landlord can dispose of the property as they desire. It’s been 3 weeks.

 

[HRZ]

CLose only counts in horseshoes .

HOWEVER , justalayman will be proven right if Aunt fails to pay attention or LL did pay attention and Aunt / OP ignored the basic steps.

Aunt might be wise to look up NH 540 A 4 and read it line by line and word for word.