My roomate moved out, taking some of my things and refusing to pay her part of the bills for the month. However, she left some computer disks behind (xp and games) and she wants them back. Can I legally sell them to settle her debt? I'm in the state of Texas.
2007-02-06 06:57:05 · 14 answers · asked by missvelvetvonblack 2 in Politics & Government ➔ Law & Ethics
Thanks for all the great answers! Also, She was there such a short time that the lease didn't even get signed. I changed the locks because I didn't want her to move out and she called the police. They said that if she had a key and she lives there, even though she's not on the lease that I'd have to file an eviction because she is legally my tenant. i think they were bs-ing but if they weren't then in the state of Texas a landlord has the right to sell a tenant's property if the tenant owes the landlord money. So I'm confused.
2007-02-06 07:12:35 · update #1
The eviction process is not b.s....its the truth. And by selling her stuff, you are essentially stealing it. Do it the legal way, evict her, and take her to small claims or file a civil suit.
2007-02-06 07:18:49 · answer #1 · answered by Enchanted 7 · 0⤊ 0⤋
Most states have laws regarding abandoned property. If your old roomie has indicated she wants the disks back, they are not abandoned property and you cannot sell them to pay for debt. I would write her a letter indicating how much she owes for the final bills and indicate when you expect to be paid (keep a copy of the letter for your records.). If she fails to do this (which she will) you would have to take her to small claims court to recover what she owes you and the property she took. Good luck.
2007-02-06 07:02:36 · answer #2 · answered by cinsingl83 3 · 0⤊ 0⤋
OK, Tommy, your "roommie" skipped town owing back rent and you have no idea where he is and all his 'stuff' is his property and not some "rent or rent to own" store ( cause that is who the 'stuff' really belongs too) then it's considered "abandoned property" . All ya have to do is put a notice in the 'Miscellaneous" section of the local newspaper's classified section stating something to the effect of "All property that has been left at ( apt# street address,City,State by "name your roommate's full name" is not claimed by such and such date shall be declared as abandoned property and will be claimed by (your name) for past debts due"! That way you have given Due notice in a publicly distibuted newspaper declaring your intentions(be sure to keep the newspapers you had the add posted in for proof of trying to contact said"Deadbeat roommate"to collect his belongings. They are now YOUR BELONGS to do with as you please
2016-05-24 00:17:32 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Do the right thing and take her to small claims court. Selling her stuff to pay her debt is only going to cause more problems.
2007-02-06 07:03:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I wouldn't sell them yet - but I wouldn't give them back to her either. I would take her to small claims court - and point out that you will return these items when your items are returned and the money owed has been paid. To just sell them could land you in trouble.
2007-02-06 07:00:36 · answer #5 · answered by lifesajoy 5 · 1⤊ 0⤋
I am sure you can. First she will need proof that those games are her's. Unless she has the receipts then I don't think she can prove it. Second.. there wouldn't be any proof that you sold them now would there? Sell them get your money back. Just don't tell her you did. Pretend you never saw them or say she took them. Believe me, nothing is going to happen to you.
Hope you get good money !!
2007-02-06 07:03:37 · answer #6 · answered by Life Is Amazing 3 · 0⤊ 1⤋
No, even though she owes you, her things are not lawfully yours.
The best thing to do is to taker her to small claims court. They will make her pay!
2007-02-06 07:01:02 · answer #7 · answered by Mommy of 3 5 · 0⤊ 0⤋
Also make a contract of all the stuff you give her, and put in there
That she has received all her stuff from the apartment and have her sign it saying she has recieved all her stuff
2007-02-06 07:03:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Unfortunatly no you can not. You must go after her in court. If you withhold her stuff it will go against you and you can be responsible for paying her for all the stuff.
2007-02-06 06:59:53 · answer #9 · answered by bildymooner 6 · 0⤊ 0⤋
Make sure you let her know how long she has to get herself together and pay yo or you aes selling her stuff get proof that you told her (dont you watch judge judy)
2007-02-06 07:12:51 · answer #10 · answered by Anonymous · 0⤊ 1⤋