Last May I moved out of an apartment and did not get my name off of the lease. In June, someone else moved in but lived there under my name. He then started working for the landlord of the apartment. In august, she called me telling me I owed her 6 months worth of rent even though she knew the other person living there. When I tried to come get my things (a 600 dollar violin, at least 600 dollars worth of clothes, my bed, and a bunch of other stuff) the guy who was living in my place said I wasnt allowed to have them till I paid her. She took my stuff, gave it away, and I havent heard from her since...until today. Do I still have to pay her even though she took my stuff????
2007-03-21 09:32:15 · 6 answers · asked by stoogyruby 1 in Business & Finance ➔ Renting & Real Estate
No...well I mean you might have to pay her...but it may have been illegal for her to have taken your belongings let alone give them away. Without knowing what your lease terms were it's hard to tell you what your rights are however it's common knowledge that a landlord can not take a tenants property because of late or no rent (at least in the US). It's simply illegal unless she went through the proper methods of trying to contact you, over a certain amount of time, to give you your belongings before being allowed to dispose of them...but then again, how could she reach you since you had moved without telling her. However, if you went to pick your things up and your items were actually still there and you weren't allowed to have them, you should have contacted the local sheriffs or police department for guidance. There's a chance that they would have escorted you to get your things and then the landlord would have the option of pursuing you for the rent she claims that you owe. Her options would include taking you to small claims court. However, since she may have received rent from the new tenant in your place (and you can prove it), she may not do that. Alternatively, you could always take her to small claims court for your items or their worth.
Good luck.
2007-03-21 09:57:57 · answer #1 · answered by Mary R 5 · 0⤊ 0⤋
Wow.
Okay, first off, if the full rent didn't get paid, you're legally liable, yes. THe land lord "knowing" that someone else there does not negate the legal binding contract you have (lease) to pay the rent monthly. If the person who moved in paid her rent and the landlord got the same amount, she can't come after you and double collect.
A landlord can take your things and lock them up in storage as collateral, but she CANNOT give it away or sell it without multiple written notice. She violated landlord-tenant law in doing so.
Look up the landlord-tenant laws in your state and print them out, highlighting the portions that pertain to personal property. Along with that, send an itemized list of what is missing. Often times you're entitled to MORE than the value of what she took (read the laws carefully.)
If what you owe for the difference between the end of the lease and the day you moved out (minus anything the new roomie paid under your lease) is equal to what your items are worth, negotiate that you guys are even. Otherwise tell her you'll see her in court.
2007-03-21 09:39:06 · answer #2 · answered by Anonymous · 1⤊ 1⤋
If she sues you for back rent you will have to pay all rent due from the date of your moving out to ________ [this date depends on what your lease said]
When you rent an apartment/house you MUST abide by the terms of the lease OR pay the price for not doing so. Whether the landlord knows or not makes little difference. You had your own belongings there...if the person who moved in lived there 'under your name' and it appears you knew that...you are still liable for unpaid rent.
As to your belongings - yes, many jurisdictions will confiscate things left in the apartment/house and they no longer belong to you after a period of time [short period]..IF you can prove you left things, and their value AND it can be proven she actually sold those things, THEN perhaps that could be deducted from what you owe...otherwise you are just not a winner in this case.
I'm responding based on what little details you gave...in the future please exercise better caution and good business sense when renting ...OK?
2007-03-21 09:42:26 · answer #3 · answered by sage seeker 7 · 0⤊ 0⤋
You need to get legal counsel. I went to a 2nd hand store to buy some cheap furniture and found out the couch I was about to buy belonged to a friend of mine. Her landlady took it when they locked to doors because she did not pay the rent.
2007-03-21 09:41:12 · answer #4 · answered by happydawg 6 · 1⤊ 0⤋
You need to consult an attourney. She had no right to do anything with your stuff unless the court awarded it all to her in lieu of rent (in which case you wouldnt owe her anything else, if your stuff was worth more than you owed in back rent).
Speak to a lawyer right now. Chances are you can take this witch to small claims court if she unlawfully got rid of your stuff and it was worth more than you owed!
2007-03-21 09:40:41 · answer #5 · answered by Siren61 2 · 0⤊ 2⤋
YOU OWE HER THE MONEY. SORRY YOU NEVER SHOULD HAVE YOUR FRIEND MOVE IN.
2007-03-21 09:40:01 · answer #6 · answered by charlotte q 2 · 1⤊ 1⤋