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How do i reverse a lockout i was wrongfully locked out .my…

Customer Question
How do i reverse...

How do i reverse a lockout i was wrongfully locked out .my landlord told constable she was locking me out because i took her to court and lied and said my rent was ynpaid as of feb wtd

Lawyer's Assistant: What confuses you?

Everything im a single mom with a child so how do i get back in my place of resident

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tucson az

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes

Submitted: 19 days ago.Category: Legal
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Answered in 6 minutes by:
5/30/2018
Lawyer: KLAW, Lawyer replied 19 days ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,266
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Customer reply replied 19 days ago
Ok so my landlord locked me out wrongfully she lied to constable told him i was late on my rent as of feb and that shevwas locking me out because i took her to court in which i did because my locks got changed on my door in march for no reason
Lawyer: KLAW, Lawyer replied 19 days ago
A little background. Except for surrender of the dwelling by the tenant, there are only two circumstances when a landlord can take back the property: (1) abandonment; and (2) eviction through court action.Abandonment is a very specific circumstance, and requires a five-day notice by the landlord to the tenant. Rent must have been not paid, the tenant must not be around, and there are two factors regarding time frames of absence depending on whether or not there is any personal property remaining in the dwelling. Check out A.R.S. § 33-1370.Assuming there has not been any abandonment, or allegation of abandonment, the first thing you should do, is check with the local justice court to see if the landlord had filed an eviction action, and if there has been a judgment in favor of the landlord. If so, then the landlord is entitled to execute a writ of restitution whereby the constable changes the locks.There are a whole series of steps in the eviction process, including notice of violation, issuance of a court summons and complaint, service of the summons and complaint, a court hearing, and then a time frame to vacate prior to the writ be executed. Check out A.R.S. §§ 33-1368, 33-1377, and 12-1178.If there was no court case, and order from the court, and you did not abandon the premises, but you are locked out anyway. Then the landlord violated the law, specifically A.R.S. 33-1374. It is called an illegal ouster. In fact, an illegal ouster may include a landlord turning off services, such as electrical or water, even though you are still living in the place.If the lockout was without a court order, You should call the local police to come out and oversee you gaining entry with a locksmith if you choose to do so since you are still in legal possession of the property and the police can tell the landlord that what they are doing is illegal.Then you can start an action for your fee and any other damages you have incurred in small claims court.
You can ask the judge to award you damages for the illegal lockout to set an example and deter future similar actions as well.I hope this clarifies and helps. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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