my old landlord has accused me of stealing a dishwasher when we moved out, the thing is we moved out in mid september and she only just filed a complaint with the police this month. the police have spoken to us and searched our new place as i know they have to do, but can i be charged with no actual proof or evidence that i did it? (and just for the record i didnt take it)
2006-12-21 11:38:13 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Just for future reference make sure to take pictures of the apartment before vacating. I even took pictures of the landlord performing the post-lease inspection once. As for being charged that's solely up to the cops, but it's going to be hard for the landlord to recover the cost of the appliance both due to the length of time it took them to file the report and the fact the there isn't really any physical proof. If you do end up in court though any decent judge would throw it out. Does your former landlord have maintenance personnel that have keys to the unit? There's a lot of free information out there too. Take a look at your states housing leasing laws. If you city has a housing authority they could also prove helpful. Even the BBB could be of help here.
2006-12-21 11:53:46 · answer #1 · answered by darkenbinary 2 · 1⤊ 0⤋
I highly recommend taking pictures of the new place when you move in and taking them when you move out!
If it was there and you took any pictures of the family or anything else which might have it in the background hold on to those!!!
Always cover yourself when moving in or out of an apartment or house as when the pushing comes to shoving you will definitely win in the Courthouse!
I'd have to say as long as there is no proof that you took the dishwasher and you didn't take it anyhow, just hold firm to your guns and if they have enough evidence to charge you, you fight it tooth and nail the whole way. The burden of proof is on the State and they won't run with it if there's no proof to back them up!
.........think about it and take pictures of the new place while its still new.............
2006-12-21 11:55:39 · answer #2 · answered by MsEagleTX 3 · 0⤊ 0⤋
You can't be charged as far as I know. The law might vary from state to state, but in california, you have to file a complaint within 30 days. So it probably won't go to court and you have nothing to worry about. Besides your last landlord needs proof to be able to hold in court.
2006-12-21 11:44:47 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Being charged and being found guilty are two different animals. First, just remember that almost anyone can go down to the magistrates office and swear out a warrant for your arrest...thus, the charge comes into play. When you go to court, it will be the burden of the prosecutor, your ex landlord, to prove you are guilty. Remember, you are innocent until proven guilty in a court of law.
2006-12-21 15:45:10 · answer #4 · answered by gablueliner 3 · 0⤊ 0⤋
If there is no proof that you did it & no one saw you do it & the police checked out your place & found nothing & it wasn't pawned etc how can you be charged
that is just my opinion & reasoning
& besides she would have checked the house when you left didnt you have bond money?
If you are in America anything may happen
Judge Judy etc lol
2006-12-21 11:49:33 · answer #5 · answered by ausblue 7 · 0⤊ 0⤋
No you probably can not be charged but if you do go before a judge with proof of when you moved out and have him look at the date of complaint filed and he will probably throw it out of court
2006-12-21 11:42:01 · answer #6 · answered by JR S 2 · 2⤊ 0⤋
if you really didnt take it, you have nothing to worry about. the cops would have to find it in your possession to charge you criminally. however, depending on your lease, you may be required to pay for it. if it was there when you moved in, and it was gone when you moved out, then its your responsibility. if it was there when you moved out, it is the landlord's responsibility to inspect the apartment after you moved to verify its condition. if they waited 3 months to say the dishwasher was stolen, you probably have nothing to worry about, but it depends on a lot of other factors.
2006-12-21 11:43:37 · answer #7 · answered by bluecollaraddict 3 · 2⤊ 0⤋
the police generally need some evidence to charge you with anything...the fact the dishwasher is missing does not in any way prove that it was you that took it...
2006-12-21 11:47:28 · answer #8 · answered by wollemi_pine_writer 6 · 1⤊ 0⤋
~You didn't go through the place with the landlord for inspection before leaving? If you want your deposit back and be able to protect yourself, do so in the future.
I wouldn't worry about it, except that she isn't likely to give you back your deposit. You didn't mention it, so you're probably not worried about it anyhow.
Merry Christmas~
2006-12-23 00:44:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
NO, with out physical evidance, u will not be charged...they may sepina you but they'd have to be complete idiots! they dont have any evidance against you...so if they do, there is nothing to worry about.
2006-12-21 12:17:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋