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Can landlord seize our property? Mississippi

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  • Can landlord seize our property? Mississippi

    Hi everyone, hopefully someone can help me with this sticky situation. We were given an eviction notice by LL on March 26th to be out by March 31st. No reason given. We did not get receipts from him for cash payments. (Yes, stupid I know). We went to court April 16th (Wednesday), judgement for the LL..we were told to "find another place to live quickly"...I found a place that Saturday and we started moving our household. Monday morning the Constable serves us with the Warrant of Removal, I and my son had 3 minutes to grab anything personal and leave.
    My husband was already on the road moving things to storage.
    Once outside the LL told me that we could come back at 4 p.m. and they would have our belongings at the street to pick up.
    We went back at 4 p.m., and the LL said "you have 1 hour to get everything off this property or I am calling the law and have you charged with tresspassing". He had placed everything about 10 feet from the front door.
    So we worked hard and got most of our stuff, some of it I actually dragged to the street hoping to not lose it completely.
    At one point I stayed there to watch our things while my husband and father took a load, and the LL felt the need again to threaten to call the law. He was drunk and obviously did not care. So I called them myself because I was there by myself. They came out, called it a civil matter and left.
    We managed to get most everything outside, and over the next few days we started noticing things that were actually missing, these items were not made available to us.
    I called his son, which had helped him remove our stuff from the house and he said "yeah all that is by the front door". I'll go check on it and call you back.He did not.
    The next day I call back and get the LL, he tells me that he has no idea what I am talking about and if we did leave stuff behind it is our fault because he gave us an hour to get it.
    IT wasn't out there I say, he says..well I didn't really have to give you what I did give you.
    So we are missing alot of things right now, most belonging to my children, I won't list the things here..because I do not need to hear "if you can afford that why couldn't you pay the rent"?
    I just need to know.
    Can he keep our stuff?
    What do I do?
    We went there this morning, just to check the mail..I have forwarded the mail, but it had not taken affect yet.
    I stayed on the street, he came running out to my car demanding I get off the property..he then balled up his fist and punched the hood of my car, and told me he was going to tear it up.
    He then admitted to having alot of the things we had already asked him about, but absolutely refused to give them to me.
    Two of which are violins that my parents had given my children.
    There is so much more to this, but I will not bore you all with those details.

  • #2
    I would ask the local police about the situation. It seems to me if he hit your car, they could go out and speak with him. He is not allowed to steal your property. Make a list and ask about filiing charges.

    I am not a lawyer, and am not familiar with the laws of your state.

    Anyone??

    Comment


    • #3
      Thank you so much for answering. This is just a situation where I feel kind of hopeless, which is not normal for me.

      Comment


      • #4
        Dealing with landlords can be tough. I have had to go to the police station myself about my previous landlord and I was told the same thing you were. That it was a civil matter and it needed to be handled in civil court.

        If he physically threatens you then you definately should call the cops. If he hits your car again then I would call the police. He can not call the cops for trespassing if you are in your car on the public street.

        If your landlord tries to do anything with your mail that has been sent there such as tearing it up or opening it, that is a federal offense and I would definately notify the proper authorities on that.

        I don't know specific laws for your state but I doubt he can legally keep any of your belongings. And for HIM to allow you only one hour to remove it and not the COURT ordering you to remove it within one hour sounds odd also.

        I would suggest you take this guy to court. It sucks to drag this out but if you want your things back I believe it is the best way.

        Comment


        • #5
          Were you or were you NOT behind on the rent when you were evicted?
          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

          Comment


          • #6
            Originally posted by Kick Me View Post
            Were you or were you NOT behind on the rent when you were evicted?
            Yes we were behind.

            Comment

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