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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27692
Experience:  Attorney
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My husband got arrested last night. We rent a room in a

Customer Question

My husband got arrested last night. We rent a room in a house. We iiwe them a weeks rent. We pay weekly. I am not on the lease agreement. Can the landlord kick me and my children out without notice? Can he just change the locks and me and the children be put out in an instant just because my name isnt on the lease? Ive live here in this room about two almost three months now. I jhave nowhere to take my children. I dont want to have to take them to a shelter. Please reply my number is ***** my name is********@******.***
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.

Hi Crystal,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to her that this happened.

No, a landlord cannot just lock a tenant out, even if they owe rent, and even if one of the tenants get arrested. The landlord must serve you with an eviction notice, wait to see if you pay the rent (or leave on your own) and if you do not, then the needs to go to court. You do not have to leave until you have been served with notice, and if he tries to change the locks, you may be able to get a police officer to let you back in. The police actually have authority to arrest a landlord who blocks a tenant from accessing leased premises - even when the tenant is behind on rent.

On top of that, you'd be able to sue for any expenses incurred during an illegal lockout. If for some reason police are not able to help you get back in, call your local tenant's rights organization. They should be able to help you seek a court order requiring that the landlord let you back in until he can evict you properly.

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