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RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11987
Experience:  Experienced in multiple areas of the law.
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I was in jail months and just got out. I have

Customer Question

I was in jail for three months and just got out. I have never been served eviction papers and b nothing has even been filled. However i was arrested for maintaining a drug house but have not been convicted either so it is an active case. While in jail the landlord kicked out my brother and mother and boarded up the house and put no trespassing signs everywhere. However i the only one on the lease. Can i enter my home that still has my belongings legally?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 5 months ago.
Thank you for using Just Answer. Yes you can. A landlord cannot use "self help" to evict a tenant - this includes things like changing the locks on the doors, boarding up the property, turning off utilities, etc. To the extent a tenant incurs damages from a landlord's use of self help (e.g., you have to pay a locksmith to get back into the home) the landlord can be sued for such damages. If they wish to evict you, they will need to go through the eviction process -giving you proper notice, and then if you still don't leave, filing for an eviction and getting a court order. If you need clarification or additional information, please reply and I'm happy to assist you further. Thank you.
Customer: replied 5 months ago.
I went to the sheriff station and some said I am not allowed to go back to my house and some said I can. What would be the smart thing in proceeding. Should I bring a lawyer there with me?
Expert:  RobertJDFL replied 5 months ago.
I'd hate for you to have to spend money on a lawyer at this point, because they'll charge you their hourly fee (usually at least a couple hundred dollars) to go with you. You don't really need to stop into the police station first, though I understand your concern is that he would call the police. Ideally, if you have a copy of your lease, I would go to the sheriff station with that. Tell them that you were recently released from jail and while you were away, your landlord used "self-help" to lock you out of your home without a proper court-ordered eviction and boarded up the doors so that you cannot get inside and get your belongings, and to date, there is still no court ordered eviction, and that you would like someone to escort you to the property and be there while you get inside, since you believe the landlord is going to try to improperly trespass you, when you have every right to be there.
Expert:  RobertJDFL replied 5 months ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Expert:  RobertJDFL replied 5 months ago.
If you have no further questions about this matter, kindly remember to leave positive feedback, as that is the only way experts are compensated for our time. Thank you.

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