Brother has been evicted with no legal process. possessions removed and the locks changed.Lakewood Washington
on may 30th brother was arrested and booked into jail.
he did not pay june rent as he is in jail.
he asked a friend to stay at his apt to keep it secure.
in mid june the landlord showed up, kicked out the person staying there and changed the locks. she knows brother is in jail.
july still in jail she allows his ex girlfriend and some guy to come into apt and remove some of the belongings. she begins clean up process removing possessions and getting apt ready to rent.
we live next door. she asked to put brothers belongings (what is left) a chair, kitchen items, a footon mattress, his clothes, an organ, arcade game and misc junk into our storage for him. otherwise she is going to put it out in the street. so we put it into our storage. on july 27.
today july 29th brother gets out of jail comes home to find his stuff is gone and someone is moving into his apt.
he was never served eviction paperwork. it has not been filed in the court. what are his rights? Lakewood washington
Answers:
Run, do not walk to an attorney and get into Landlord Tenant court. In most, if not all jurisdictions, self help eviction is not permitted. Your brother seems to have an excellent case unless he forgot to tell you that there were some eviction papers that came and he forgot or the cat/dog ate them, etc. But in most jurisdictions, even if the landlord has received an order from the court permitting the eviction, the actual eviction has to be conducted by marshals or the sheriff's department. She still is not permitted to enter and get rid of anyone's things (Unless the law in Washington state is very different from every place else)
The Landlord tenant court will tell your brother how to proceed. An attorney will tell him what remedies he may be entitled to.
Presumably arrested brother knew the rent was due on first of June, and could have asked his lawyer to deliver the rent money to the Landlord.
I recognize brother had a lot of distractions.
There is also the issue of what the rental contract said about what happens if the rent is not paid on time.
Without an eviction notice, there is no way this could be legal.
had to have it in writing and follow eviction process and have proof and evidence.also take landlord to court for damages and disposing of your stuff without following notice to quit an eviction in writing and taken it to court.
oh my god! dude,first of all,does he even have a lawyer?
cuz' he wont be in jail that long if he can give the money to his
lawer and then his lawer can give the money to the landlord!
duh! its that easy.
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