If a tenant is evicted, can alandlord hold personal propertyregarding a past due utility bill?
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If a tenant is evicted, can alandlord hold personal propertyregarding a past due utility bill?
I was told to get out of the rental unit by an agent of my landlord. I was told to get out in 3 days without legal documentation. We were threatened and harassed for a week while trying to find another place to leave. I was contacted by the agent that I have left some property there and that the agent wouldn’t give back until payment of the utility bill (we was going to pay prior to getting back on our feet from moving into a new place). I have received multiple calls, text messages, and emails threatening and ordering us to pay the bill or she would take us to court.
Asked on July 7, 2011 under Real Estate Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should retain an attorney,l both to get your property back and because you may have grounds to sue the landlord:
1) No, the landlord or its agent may *not* hold your property for an unpaid utility bill--or past due rent, or damages to the apartment, or any debt--unless and only to the extent that you gave the landlord a security interest in that property (i.e. you provided it as collateral for the debt).
2) You can only be evicted in a court proceeding, with proper notice. If you were simply harassed and threated to leave, there is a good chance the landlord committed an improper eviction against you and you may therefore have a legal claim against the landlord. Good luck.
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