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My husband and I recently found out that someone (illegally) rented our house out.

My husband and I recently found out that someone (illegally) rented our house out.

Full question:

My husband and I recently found out that someone (illegally) rented our house out. They broke the lock box, changed the locks and charged someone $6,000 to move in (which they paid). We are in limbo because it's a Friday night but first thing Monday morning we'll be contacting the Charlotte courthouse to obtain a writ of possession but I can't go through the weekend not know how we will get this woman and her family out of our house. I feel awful that she was victim to scam but that house belongs to us. What are our rights & what steps do we take to have them removed?

Category: Criminal
Subcategory: Fraud
Date: 04/07/2025
State: Texas

Answer:

Since the house belongs to you and it is unlawful for someone to claim they own it and rent it out to others. The people who rented it may not be aware of the fraud or there may have been signs that something was wrong. Under these circumstances you should not have any problem evicting them from the home. You mention a lockbox so it appears you may have had the home listed for sale. That should not make any difference to your rights. It is not good that they were defrauded but that was not something you caused.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the penal code for illegal lockout in California?

In California, illegal lockout is addressed under California Civil Code § 789.3. This law prohibits landlords from changing locks or removing tenants from a rental property without following legal eviction procedures. If a landlord unlawfully locks out a tenant, the tenant may seek damages and can recover possession of the property through legal action. Always consult with a legal professional for specific advice regarding your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can a tenant change the locks on a rental property?

In most cases, tenants cannot change the locks on a rental property without the landlord's permission. Doing so may violate the lease agreement. However, tenants can request to change locks for security reasons, and landlords may agree to this. It's important to communicate with the landlord and follow any specific procedures outlined in the lease. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is landlord extortion?

Landlord extortion occurs when a landlord unlawfully demands money or other benefits from a tenant under threat of eviction or other retaliatory actions. This behavior is illegal and can lead to criminal charges and civil liability. If you believe you are a victim of landlord extortion, it's important to document the incidents and seek legal advice. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can police help you get into your house if you're locked out?

Police generally do not intervene in civil matters like lockouts unless there is a clear indication of a crime or emergency. If you are locked out, you should first contact a locksmith or seek assistance from the property owner if applicable. If you believe you are being unlawfully locked out, you may need to take legal action to regain access to your property. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if someone locks you out of your house?

If someone locks you out of your house, the first step is to determine if you have legal access to the property. If you are the owner or have a legal right to be there, you may need to contact law enforcement or seek legal action to regain access. If you are a tenant, check your lease agreement and consider contacting your landlord. In some cases, you may need to file a complaint or seek a court order to resolve the situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What can you do if someone locks you out of your house?

If someone locks you out of your house, first try to communicate with the person who locked you out to resolve the issue. If that fails, check if you have a spare key or access to a locksmith. If you are the property owner or have legal rights, you may need to contact law enforcement or seek legal action to regain access. Document the situation, especially if you believe it involves an illegal lockout. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*