What can you do if your landlord locks you out of your belongings?

Full question:

If landlord will not allow you to get your belongings, and he precedes to lock you out, what recourse do you have? He has not responded to letters and has not closed the lease.

Answer:

If a landlord locks you out and prevents you from accessing your belongings, you have legal recourse. In Oregon, a landlord cannot use self-help methods, such as changing locks or forcibly removing a tenant, to evict them. This applies even if the lease has not been formally terminated or if an eviction action has been initiated. Only law enforcement, like a sheriff, can legally remove a tenant.

If a landlord does use self-help to remove you, they may be liable for damages. According to Oregon law, you could recover two months' rent or twice your actual damages, whichever amount is greater (Oregon Revised Statute § 90.375). For example, if your electricity was shut off and food spoiled, the cost of that spoiled food could be considered actual damages.

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

In Oregon, if a tenant leaves belongings behind after moving out, the landlord must store those items for a reasonable time. Typically, this period is 30 days. After that, the landlord may dispose of the items if the tenant does not retrieve them. It's important for landlords to notify tenants about the stored belongings and the time frame for retrieval. Failure to do so may lead to liability for the landlord. *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.*