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Updated about 7 years ago on . Most recent reply
![Anthony Maynard's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/906060/1621505332-avatar-anthonym236.jpg?twic=v1/output=image/crop=800x800@240x0/cover=128x128&v=2)
landlord incarcerated- best action to take
Last thursday my landlord attempted to unlawfully evict me and had another person help him remove my things from my lock room- ( i rent a room and am under contract/ lease for the room) He never gave me an eviction notice in writing and rent was late due to my disability check being late but he never incquired about when or if i was going to be able to pay rent. Rent was technically due on the 5th and my finances were available on the 7th due to my banks regulations when depositing checks (24 hrs). On the the 7th (thursday) i came home from court to find my landlord and another person removing my belongings from my room which I locked before leaving for court.
When i stood my ground on my rights as a tenant and put myself infront of my belongings it then became a physical altercation which has resulting in him being incarcerated and cherged with aggrivated assualt.
My question as I live in idaho- Should i just go homeless and continue looking for work and a new place or just put the utillity bill in my name until i have the money saved up to relocate- or - put my name on the utility account for the unit and wait for the bank to possibly foreclose on the unit and request they buy me out... If it wasn't winter i would just wing it and move- o an yes the landlord knows my situation and knows i get a monthly check and there has been previous times this year where my check was late due to mail issues and he never had a problem-
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- Rock Star Extraordinaire
- Northeast, TN
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Thoughts:
1. "Your situation" is of no concern to the landlord. Nor is the late disability check the landlord's problem. If you have no money set aside to cover such issues, you should go live somewhere where your problems don't become the landlord's problems. Why should the landlord suffer your lack of paying timely rent because you don't have money budgeted for issues such as this?
2. The landlord must be a real fool to engage in a physical fight with you such that he ended up in jail.
3. The eviction certainly sounds premature, and probably even Idaho isn't so lenient so as to allow the landlord to haul off your stuff after a week.
4. You probably cannot legally put the utilities in your name.
5. Waiting for the "bank to buy you out" makes you sound like a professional tenant, i.e. a person who milks the system such to get money or benefits from someone/someplace else for free. Doesn't speak too highly of your character.
6. You should move. Let the lack of utilities be the problem of the other people. Find a place that's more affordable, even if your check is late, and then you won't have to pay late or have issues with the landlord.
- JD Martin
- Podcast Guest on Show #243
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