My landlord/roomate broke my computer. What legal recourse do I have (no lease, no witnesses but I know she did it because she admitted to "very carefully" moving my computer.
2007-08-09 16:37:52 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Take her sorry a** to court. Try to get all the evidence you can, like any eye witnesses or anyone who heard her say that, etc. Make her pay big time......that is illegal for her to even enter room even though you share the same apt. She has no right to do what she did.
2007-08-17 11:57:57 · answer #1 · answered by >♥Cat♥< 4 · 0⤊ 0⤋
It appears you cannot solve this between yourselves. Small claims court would the be next option as I see it. There is a law which may cover you that states that, "By the preponderance of the evidence", that you have a case. In this type of claim, being innocent until proven guilty does not apply, or "benefit of the doubt" regarding the person you are against. In many such cases, the plaintiff (you) gives testimony that someone said that someone else said something, which is "hearsay". In your case, you were told directly by the other party that they told you that they admitted to moving your computer. This is not hearsay, it is direct testimony because it was told to you by the party in question and not by a third party.
In your case, "Beyond a reasonable doubt" does not apply because by the "preponderance of the evidence" of direct admittance from your landlord/roommate would prevail. Your testimony that you would not have broken your own computer and that you state that your landlord/roommate told you that he/she moved it would give you the benefit of the doubt.
It does cost money to file a small claim, but if you win, the other party is liable for your court costs and the damage to your computer. It is only logical that you would not damage your own computer and blame it on another party and most any judge would, in my opinion, rule in your favor.
It would come down to each of your words. You would say this person admitted to you that they moved your computer. You would say that they told you this and that your computer is now broken. The other party would probably lie and say that they didn't move it. You would respond by saying, this is not true, he/she told me that they did move the computer and that is why it is broken. You would continue by stating, if I had broken my own computer, I would not be here in court, but would be repairing or replacing my computer.
You can begin by trying to negotiate with your landlord/roommate with this information first. If it doesn't work you can use this message as a warning that he/she will not prevail in small claims court. I am not a judge, but one need not be to know that what you claim to be true is a fact. I am more than confident that any judge would see it the same way. I have no vested interest in your case but see it clearly as the fault of your landlord/roommate. That person should not have touched your computer, much less moved it. They could have damaged it just by using it and downloading a virus. This person had no right to use your computer or to move it.
2007-08-10 00:04:14 · answer #2 · answered by Boomer 5 · 2⤊ 1⤋
Is your computer 'physically broke' - cracked monitor? big dent in the side? something like that?
OR, did it just quit working? If it just quit working, I'd bet it's just a software problem... most computers can be fixed unless they get thrown out a 2nd story window or into the lake.
I had a video card go out on my last laptop. Nobody moved it, nothing fell on it, it just quit.
Computers do fail all by themselves sometimes.
2007-08-16 22:16:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would just simply write her a letter saying that i would be deducting the cost of my computer she moved from my rent, make a copy of it and have her sign it. If she doesn't agree pay your rent in full and take her to small claims court. The letter would acknowledge that she knew that she broke your computer.
2007-08-10 00:02:58 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Unless you have some type of proof you really don't have a case. I have seen enough court judges that I don't have to be an attorney to figure this out..Best of Luck
2007-08-17 19:36:03 · answer #5 · answered by tracie l 1 · 0⤊ 0⤋
i agree with another answerer here that says to write a letter stating that u will take it out of rent and then have her sign it. then take her a** to court! if she is convinently moving stuff around then how do u know she isn't taking stuff too? i am pretty sure they aren't allowed to come in ur house with out permission anyway let alone be moving stuff around.
2007-08-10 01:12:41 · answer #6 · answered by malaika 2 · 0⤊ 0⤋
It has nothing to do with being your landlord/roommate. If she was negligent in moving your computer and broke it because she was negligent, she owes you.
2007-08-13 18:16:10 · answer #7 · answered by raichasays 7 · 0⤊ 0⤋
politely discuss it with her before looking into legal discourse. I don't think you would have much luck in court.
2007-08-09 23:41:02 · answer #8 · answered by *coral* 3 · 0⤊ 0⤋
If she denies it, you probably cannot get a legal remedy as you have no proof.
2007-08-09 23:41:16 · answer #9 · answered by treebird 6 · 0⤊ 0⤋
srry you have no recource here but I would move if I were you, if she is slightly moving things, who knows what else she is doing.
2007-08-09 23:46:31 · answer #10 · answered by rxing 7 · 0⤊ 0⤋