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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10215
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I was the home owner I was being evicted and my lawyer got

Customer Question

I was the home owner I was being evicted and my lawyer got the court date postponed I got a call while out of town for work that my house was being emptied by a
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: An eviction crew, I lost a lot of jewelry antiques destroyed clothing everything my children were able to get some items but basically most of what I had was ruined by the crew removing my belongings I still however have a new stove
JA: Have you consulted a lawyer yet?
Customer: Refrigerator dishwasher and a 7000.00 shed that was not part of the original property is there anything I can do?
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: No not yet
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this unfortunate situation.

Your first call tomorrow should be to your attorney (follow up with an email to him/her if you are not able to talk with them).

If the eviction date was actually postponed, the landlord performed an eviction without any court order, and the landlord is liable to you not only for all of the property that they damaged, but also is going to be required to pay you monetary damages for the early eviction.

However, if the landlord actually had an eviction order and your attorney had not actually been able to get that postponed (he/she only had a postponed hearing on calendar), then the eviction may have been legitimate in which case the tenant bears the risk of loss following an eviction. (However, this does not make sense, your attorney wouldn't have gotten a postponement without getting the eviction actually postponed).

Regarding the other property that belongs to you that is still on the property. Your attorney can make a demand on the landlord to have this turned over to you. But you will want to make arrangements ahead of time so that you can make the demand so that you can have your own movers go and pick up this property without damaging it in the same way the destroyed all of your other property.

Customer: replied 4 months ago.
Apparently he got the court date changed, but the stay of eviction was lifted. I was travelling for work so I did not receives any notices until a neighbor called to let me know this was happening. I wasting a bankruptcy process and that was the hearing that was postponed.
Expert:  CalAttorney2 replied 4 months ago.

I am very sorry to learn of this.

(I don't know all the details of the procedure so I do not know if it is something your lawyer was aware of and didn't stop, or was something that occurred of outside of what your attorney was able to intervene in).

If the damage to your property was during the eviction, but there wasn't any theft, there isn't a lot you can do. But if there was theft of your property, you can still recover for that (the law gives a lot of leeway to eviction laborers with regards ***** ***** but they still cannot steal).

You can still recover the other property that belongs to you at the premises. But as I noted, I would recommend getting your own moving folks in place first so that you can have them recover these appliances in such a way that they are not damaged. Your attorney should be able to negotiate the release of this.

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