Can the landlord remove furniture while eviction is going on?

By Tenant

If an eviction case was filed against a tenant, the court has the right to interfere between the tenant and the landlord. The reasons why a landlord would file for an eviction is because the tenant was unable to pay his monthly rent and the landlord already gave a 3 day notice to pay. Even if an eviction case was filed by the landlord the tenant can still continue to live at the rental unit and will be forced to leave the property once a verdict is made and handed down by the judge. The court will then contact a sheriff to execute the order and evict the tenant.

Simply put it like this, a landlord cannot remove anything from the rental unit even if it is his property if an eviction case is still on going. Once a landlord will insist on taking the furniture out even though there is no verdict yet then the tenant can call the police and file a complaint against the landlord for constructive eviction. Bear in mind that the tenant is still considered the landlord’s tenant until the eviction case is final and a verdict is made, thus the landlord is still responsible for providing the tenant with a habitable place to live. Once a constructive eviction is made, the tenant has the right to call a lawyer and file a lawsuit against the landlord.

Another option is also available for the tenant and that is to file a complaint through a third party mediation company like the RPA. It is much cheaper than filing a lawsuit and you can do it online. This is the link to their complaint center http://www.rentalprotectionagency.com/complaint_center.php the tenant can use to file the complaint.

In the meantime, you may want to put a halt to the eviction case filed by your landlord by paying your unpaid and back rent.

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