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My friend has been illegally evicted in Alabama. A lock has

been placed on the door...
My friend has been illegally evicted in Alabama. A lock has been placed on the door. How does he legally gain access to his personal belongings? What if the personal belongings are not there? There is no written lease. The rental arrangements were verbally addressed as was the eviction. Can tenant gain entry by going with police and cutting lock?
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Answered in 9 minutes by:
3/6/2011
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Yes, your friend could contact the local sheriff's department and have a deputy accompany him to the property and contact the landlord to order that he be let it.

 

If the landlord has no eviction order or no notice of cancellation of the lease that has run its 30 day course, your friend should be allowed in.

 

Your friend may subsequently served an eviction notice or a notice of cancellation of the lease, but if there is no written agreement, he's just a month to month tenant anyway (meaning that he is only guaranteed the 30 days he pays for at the beginning of the month.

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Customer reply replied 6 years ago

 

Thank you, XXXXX XXXXX

Is my friend limited to only one entry?

May he go with a sherrif from another county?

Presently he is staying in a Montgomery County motel.

He prefers to be accompanied by a montgomery county sherriff (he is born & raised and resided most of his life in Montgomery).

May the Sherriff drive him to the location?

Must he collect all belongings at that time?

If he must use the Emore County Sherriff services is there a way around it given that the landlord's family have long standing community ties which naturally include the Elmore County Sherriff?

What can he do if his possessions are damaged or missing?

Your friend is entitled to stay until he's evicted.

 

He must seek the assistance of a sheriff in the county where the property is located.

 

He doesn't have to remove his things at the time; he's entitled to stay until his 30 day notice expires, or until he is evicted with a court order.

 

If his things are damaged or missing, he can file charges for conversion of personal property and trespass to chattles - he can seek teh cost to replace all items taken by the landlord.

Roger
Roger, Lawyer
Category: Real Estate Law
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