i shared a place with my roommate, but only my name is on the lease (because i have good credit). we got into a fight and she has left, taking only some of her things. she refused to turn her key in although i asked that i be around when she comes for her things. it has been a few days and still no word. is there any law or rule about her keeping the spare keys? can she just come in here and take whatever she wants while i'm away? and does she have a certain time limit to do this? breaking my lease/abandoning my place is an option right now and am not sure what will happen to her things if i do.
2007-12-20 11:40:51 · 5 answers · asked by ? 2 in Politics & Government ➔ Law & Ethics
it is hard for me to make realistic plans of moving out because i can't afford the rent when i don't know if she plans on coming back.
2007-12-20 11:43:26 · update #1
another "minor" detail. she has done this before, but forgot her keys here. so when she tried to come back and couldn't get in, she tried breaking the door before getting in with a credit card! is this allowed? even if she was a tenant not on the lease?
2007-12-20 11:47:05 · update #2
until she turns in the key she is still seen as still living there so she is responsible for 1/2 the rent.
About her belongings.. write her a letter and give her 30 days to retrieve her things or at that point you become the owner.. You are required to store her things for a reasonable amount of time, what is deemed resonable is decided by the courts.. (usually 30 days)
So you best option is to send her a letter giving her x number of days to retrieve her things otherwise they will then belong to you and you will have the right to do whatever it is you need to do.. I would also explain in that note that until the key is in your possession she is still legally responsible for 1/2 the rent.
For your info... You are the person who is on the lease, but she is in essence your tenent, and is responsible under a month to month term (no need for a written lease between you two but if you had one it would have been better.. but the law still sees her as a month to month tenent).. Meaning she is required by law to give you a 30 day notice before she can move and is responsible for 30 days to continue to pay rent.. She has not moved as long as she still has a key. EVERYTHING is in your favor, and what you do is up to you.. Those are my suggestions .. so good luck.
Don't make the mistake of putting her stuff outside as you are responsible to take "reasonable care" of her possessions until they are deemed abandoned.
As far as her credit card key... If she is residing at that address, maybe recieved mail,pays rent..utilities.., stores clothing, does any act that she can show that this was her place of residence,..... it is perfectly legal for her to gain access in any way to her place of residence. Even if she were to break a window and enter it is legal as long as it is her place of residence.
Keep in mind.. Laws slightly differ from state to state.
2007-12-20 11:48:06 · answer #1 · answered by Ditka 7 · 1⤊ 0⤋
Doesn't matter if her name is on the lease. If she was paying rent (to you or to the landlord) she has a right to the place for the time she's paid. She has to turn the keys in before moving out. Property is usually considered abandoned after 90 days, but it depends on the state.
2007-12-20 12:16:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If she is not on the lease, change the locks. You should hold onto her stuff though in case she tries to take you to small claims. Save any paper trail you have with her. Did you get a rental agreement in writing from her? If she owes you rent, try to have a paper trail of attempted contacts with her to get her part of the rent in return for her stuff. But you should still try to get legal advice. Good luck.
2007-12-20 11:51:28 · answer #3 · answered by Dragon Spider 2 · 0⤊ 0⤋
I would check with the owner of the property and see if they can switch out the lock for you. As for the belongings, have you tried to reach her on her cell phone? I would wait to see if she contacts you with the next couple weeks before throwing them out.
The laws vary from state to state regarding the length of time before a property is considered abandoned. Best of luck.
2007-12-20 11:45:38 · answer #4 · answered by John 2 · 0⤊ 0⤋
I would change the locks, she knows your phone number. Give her a month, call the sheriff and find out if you can dump her stuff out front (call her and tell her when you are going to do it, but I would wait until 30 days after she fails to pay her rent)
2007-12-20 11:49:20 · answer #5 · answered by Yo it's Me 7 · 0⤊ 0⤋