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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29102
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I was evicted last Wednesday. I was told I had 30 minutes to

Customer Question

I was evicted last Wednesday. I was told I had 30 minutes to pack & had to leave. Also was told call & set up time with rental company & when I called Friday was told they were holding my stuff until rent was paid. My ex husband paid it, I had no idea he did not until I was evicted. KS law says they cant do this but how do I go about getting mine & my kids stuff?
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 6 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Was this a court ordered eviction by the sheriff or did the landlord just lock you out?

Customer: replied 6 months ago.
court ordered, I went to court. My ex did not. I have tried to follow the law & be nice as possible. My son has a spider & fish that haven't been fed since. I am very stressed out & upset. Everything in that house is my kids. Its all I care about.
Customer: replied 6 months ago.
When they evicted me the leasing co & officer said I could come get it all. Just call leasing co & they would let us in. When I called Friday everything had changed. Said they were throwing it all out or putting in storage. In KS, law says it goes to storage if abandoned & I haven't abandoned anything
Customer: replied 6 months ago.
They also gave my daughters bike away to neighbor kid on Saturday which my understanding is its theft
Expert:  Loren replied 6 months ago.

Thank you for the additional information. You are correct. The landlord may not hold your possessions hostage. If the police refuse to help you then you will need to file a petition for replevin. That is a request that the court issue an order demanding your property be returned to you under penalty of being held in contempt of court. The court also has authority to award money damages for depriving you of the use of your property.

You can file a theft report with the police regarding the bicycle.

You may get some traction by retaining local counsel to write a threatening letter to the landlord threatening litigation. A message on attorney letterhead, pointing out their exposure to liability, may scare the landlord into cooperating with you.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

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