Question:
Can someone who just moved out of my house sue me for locking them out during "quiet time" at night?
Marcus
2012-06-12 00:04:56 UTC
I just had someone who refused to pay rent for June move out and they threatened to sue because they have moved out but left some of thier things here. " quiet time" at The apt is between 10 pm and 10 am so i told them to come back tomorrow for the rest of their things. Note that i am on the lease and they never were. Can they really sue me for locking my doors after they have moved most of their belongings to thier new apartment already? I would also like to add that i locked Tue door at 11:43 pm, and hour and forty-three minutes after the the time we are required to be quiet. They were also well aware of the rules of the apartment complex.
Nine answers:
Artemis Agrotera
2012-06-12 00:48:45 UTC
Yep.



You cannot change the locks when a tenant still has belongings in an apartment unless you have gone through the legal process to evict them.



It does not matter that the tenant refused to pay rent for June. You have a civil recourse to pursue rent. You cannot legally lock them out.



It does not matter they were not on the lease. There is never a requirement of a signed lease to create a tenancy.



AND it is also irrelevant that this was "quiet time." I'm sure they will argue they intended to be as quiet as church mice as the gathered the last of their belongings. But locking them out is certainly not designed to facilitate quiet - as it would irritate most people quite significantly.



Illegal lock outs can actually be criminal matters in some states. (This means they could have called the police and you would have been arrested if you lived in one of these states.) But in EVERY state an illegal lockout allows the tenant to sue in civil court for damages. Had you taken them to court for June's rent, you would have won. But by locking them out? You don't want to take them to court - because they will be able to countersue.



Tomorrow, when they collect their stuff and threaten to sue you - just calmly tell them you would be happy if they did so you could countersue for June's rent because THEIR lawsuit would make it clear they still considered themselves to be tenants during June.



(FYI: This is a complete bluff. An illegal lockout trumps non payment of rent, especially when the tenant is moving everytime. And BY illegally locking them out, you gave them permission to move out without notice in June. You will lose if this goes to court.)



It might cause them to think twice about filing anything against you, though.
trai
2012-06-12 01:54:26 UTC
Yes. And according to *your* side of the story, s/he will win.



Every state has a eviction proceeding which much be followed, and provides for civil damages as a penalty to those who do not follow them. None require that a lease be written.



In my jurisdiction (Indiana), for example, tenants who are illegally evicted are generally awarded triple damages.
Mr Warrior
2012-06-12 00:31:05 UTC
Its a ridiculouse notion for them to think they can sue somebody over such a thing.



Its reasonable for you to say, that they are not allowed after 10 pm. Because residents are generally asleep around or after that time anyway. Its night time.

Your also reasonable in offering an alternate time for them to pick up during the day.



Now the people can choose to be petty about it and take you to court.

All you need to do is document your offering of alternative time.



So if they got refused today on the reasonable grounds that its night time, everyone is asleep and its after hours.

Then send them an email, text, written letter in the mail documenting an alternative time for them to pick up said items. Even offer serveral alternate times in the written document for them to pick up the items.

Therefore if is ever went to court.

Upon sighting your written document of offering for them to pick up the item at different times. The judge will throw it out of court, because quite simply you did not withhod any items from them. They simply did not pick them up.
dooseyboy
2012-06-12 00:08:30 UTC
that sounds like the biggest load of bullshit ive ever heard.

10pm to 10am ?where is this apartment? in a church?

surely you couldve opened to door for half an hour to let this person get their stuff.

besides that no i dont think they would bother suing over something so ******* dumb
falsi fiable
2012-06-12 00:08:31 UTC
Someone needs to seriously grow up!



Let them come back during regular daylight hours to pick up their valuables.
xpatinasia
2012-06-12 00:46:43 UTC
Nope.
Meecepeece
2012-06-12 00:06:31 UTC
No they cant sue you for that, but I have to say you sound like a total jerk
KillerHeels.
2012-06-12 00:07:40 UTC
Haha no, you're doing what should be done. You're at no reason to be sued.
Ashna
2012-06-12 00:07:07 UTC
not only if contracted so


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