Claiming Property After Eviction

**Ticalion** · 07-05-2010, 04:17 PM

State: KANSAS

I was trying to work with my landlord to catch up on rent that was due and he filed an eviction even after telling me he would work with me. To make a long story short, I go to school and my GI Bill BAH is my means of income to pay my rent and bills. The VA screwed up my monthly payments back in april and I fell behind. Sunday June 13th my landlord told me he would contact his lawyer about payment arrangements. My court date for the eviction was the 16th. I did not appear at the court hearing because I made a bad assumption and thought that since I had made arrangements that the eviction would be stopped. needless to say I was WRONG and a default judgement was ordered against me. I did not know this until June 29th when the Sheriff arrived to escort me from the property.

I packed up what I could and took it when I left. My landlord agreed to let me back in to get the rest of my stuff. (no written documentation). He called me later that day and told me that I could NOT go back and get my stuff and he had already hired a crew to move my stuff to storage which was a lie.

I can not find any information that states the exact law as to property left behind after an eviction. Can he legally remove the items from the property before giving me the legally required amount of time to claim it? He keeps on going back and forth telling me one day I can get it and the next he says I can't. He has moved some of my stuff to storage and left some of it behind at the property. I have been fighting him back and forth for a week now trying to make arrangements to claim my property and he seems to be guided by his attorney to feed me lies to drag it out longer.

What is the exact law as to what time frame and what circumstances I can or can't pick up my property. We are not talking about alot of valuables but mostly just things like dishes, clothes, bed, tv and the most valuable is my computer. I feel as though I lose either way because he won't let me move my stuff out but he is slowly moving it to storage and any storage/moving fees he incurs he will end up adding to the bill that I owe and keeps my property if he doesn't allow me to get it. Will I be forced to pay any money owed to claim my property or am I entitled to my property with no payment required?
I think he is trying to break me and get me to give up so he can just keep all my property but there are some things I REALLY need (Military DD214, etc documents)

jk · 07-05-2010, 04:32 PM

Quoting Ticalion

State: KANSAS

I was trying to work with my landlord to catch up on rent that was due and he filed an eviction even after telling me he would work with me. To make a long story short, I go to school and my GI Bill BAH is my means of income to pay my rent and bills. The VA screwed up my monthly payments back in april and I fell behind. Sunday June 13th my landlord told me he would contact his lawyer about payment arrangements. My court date for the eviction was the 16th. I did not appear at the court hearing because I made a bad assumption and thought that since I had made arrangements that the eviction would be stopped. needless to say I was WRONG and a default judgement was ordered against me. I did not know this until June 29th when the Sheriff arrived to escort me from the property.

I packed up what I could and took it when I left. My landlord agreed to let me back in to get the rest of my stuff. (no written documentation). He called me later that day and told me that I could NOT go back and get my stuff and he had already hired a crew to move my stuff to storage which was a lie.

I can not find any information that states the exact law as to property left behind after an eviction. Can he legally remove the items from the property before giving me the legally required amount of time to claim it? He keeps on going back and forth telling me one day I can get it and the next he says I can't. He has moved some of my stuff to storage and left some of it behind at the property. I have been fighting him back and forth for a week now trying to make arrangements to claim my property and he seems to be guided by his attorney to feed me lies to drag it out longer.

What is the exact law as to what time frame and what circumstances I can or can't pick up my property. We are not talking about alot of valuables but mostly just things like dishes, clothes, bed, tv and the most valuable is my computer. I feel as though I lose either way because he won't let me move my stuff out but he is slowly moving it to storage and any storage/moving fees he incurs he will end up adding to the bill that I owe and keeps my property if he doesn't allow me to get it. Will I be forced to pay any money owed to claim my property or am I entitled to my property with no payment required?
I think he is trying to break me and get me to give up so he can just keep all my property but there are some things I REALLY need (Military DD214, etc documents)

go here:

http://www.hcci-ks.org/Kansas%20Land...k%20(2007).pdfand scroll down to page 52. It stated the LL must store the property for a period of time. (30 days)

and then before disposing of the property, the LL must advertise at least 15 days prior to disposing of the property they intend on disposing of the property. and then within 7 days of the disposal, the LL must mail you notice at your last known address.

You can be required to pay for the moving, storage, and advertising fees (if things got that far), to be able to retrieve your properrty.

If the property has not been moved and put in storage yet, he must return the proprety to you. I would suggest calling that Sheriff that booted you to go help you retrieve your property.

**Ticalion** · 07-05-2010, 05:54 PM

Thanks for the info!
What would best be described as "the end of legal notices to quit"? would this be before or after the judge awards judgement to the landlord? It says the landlord can not sue the tenant for attorney fees and court costs but can sue for 1 1/2 times the rent if the tenants do not willfully move out after the end of legal notices to quit.
When does the 30 days start that the landlord is required to hold the possessions?

jk · 07-05-2010, 06:11 PM

Quoting Ticalion

Thanks for the info!
What would best be described as "the end of legal notices to quit"? would this be before or after the judge awards judgement to the landlord? It says the landlord can not sue the tenant for attorney fees and court costs but can sue for 1 1/2 times the rent if the tenants do not willfully move out after the end of legal notices to quit.
When does the 30 days start that the landlord is required to hold the possessions?

30 days would start on the day you were removed from the home.

the notices to quit are the notices the LL provided to you (pay or quit) prior to the filing of the eviction. In other words; if you did not leave as demanded through the pay or quit notice, the penalty clause is activated.