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legalgems, attorney
Category: Landlord-Tenant
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We lived in a condo managed by an association. Our landlord

Customer Question

We lived in a condo managed by an association. Our landlord did not pay his association and condo fees for quite a while. The association moved to evict us. The landlord paid the past fees and said that he would allow us back in the condo. Accordingly, we left many personal possessions, ie TV's, clothes, personal files, and clothing. When the association discovered that the landlord wanted to let us back, they notified us that if we appeared on the property, they would charge us with trespassing. It has been six weeks. We have been living in a motel for the last 7 weeks. We have now found alternate housing and need to obtain our possessions in order to enable us to move. The landlord claims that he does not have the keys. We are seeking advice on what legal options we may have In order to obtain our possessions. We are in Delaware. Thank you for your patience in reading this long sad tale. Bernadette Lyons
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 2 months ago.

I am very sorry to hear this; is this a month to month lease?

Customer: replied 2 months ago.
No, it was a year round. Once the landlord paid the fees, he was going to re-rent the condo to us. However, the association threatened us with trespassing if we entered the property. The local state police does not have any interest in getting involved in this civil action and the landlord is dragging his feet in providing us with the new keys in order to obtain our posessions. We need 4-6 hrs to pack our personal belongings. There is no furniture involved.
Expert:  legalgems replied 2 months ago.

Thank you; yes, police generally won't get involved when there is a civil remedy, unfortunately.

So there are a couple of options in this type of situation:

1. request the landlord or his/her agent to arrange for the pick up and delivery of the property to a designated location at a designated time

2. apply to the court for an injunction-basically a court decree ordering the condo to allow access to the unit.

The landlord can also be held liable for any costs associated with the breach of the rental agreement; basically the contract is binding on both parties, so if the landlord is in breach, the tenant can sue for actual damages suffered, plus punitive damages (designed to punish the defendant from acting in a manner against public policy and to dissuade third parties from similar conduct). The tenant can make a claim for breach of lease, and request reimbursement of reasonable hotel fees, and either reimbursement for the unaccessible personal property, or an injunction ordering the landlord to arrange delivery.

Even if the landlord is ill, most landlords will have a property manager or will provide a power of attorney so a third party can handle their financial affairs, so the court will still expect the landlord to be in compliance with the terms of the lease.

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Expert:  legalgems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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