I live in Florida. I've lived with my boyfriend over a year. Recently while up in Ohio for the holidays we broke up. He put me on a plane back to Florida and took my key. My name is not on the lease of the apartment and his mom pays the rent but I get all my mail and bills sent there. I have ALL of my clothing and belongings in there. I have lived there full time with my pets and him for over a year. He doesn't get back for another week and I need at least some of my stuff. My friend(cop) said I can legally break a window because I'm locked out of my home, but I would rather just get a locksmith to open the door. Every time I say I'm going to get my stuff, he says he has people watching the house and if I go anywhere near the house I'm going to get sued. I don't plan on taking or destroying any of his things, Just what belongs to me. Can he sue me? Am I allowed to go get my belongings? Am I allowed to still live there even since its my home
2007-12-30 08:07:53 · 18 answers · asked by jessiedeexx 1 in Politics & Government ➔ Law & Ethics
My answer as a former Florida corrections officer:
If his mom is there in Florida, maybe she can meet you at the apartment to get your stuff out and make sure you don't take his stuff too. You could even have the sheriff and apartment leasing manager meet you there if you think it would be appropriate.
My answer as a logical individual:
If his mom is paying his rent, there is no way he has the mental or economic capacity to sue you. And if he broke up with you and was vindictive enough to steel your key, he doesn't have the emotional composure to sue you either. There is no reason you shouldn't have access to your own belongings. However, you don't have a right to damage an apartment that is not yours, so you need to gain entry in a fashion that will not result in significant damage to the property.
2007-12-30 08:24:48 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Let him sue. You entered peacefully to get your day-to-day items that belong to you. Ask your cop friend to meet you there (off duty) when you call the locksmith. Everything above board.
What's he going to sue you for? You aren't damaging the apartment (that's the landlord's suit, anyway), you aren't damaging his personal property, just getting yours. Do it.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
2007-12-30 09:17:23 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Your room mate cant stop you from having your belonging. What you may want to do is have a locksmith open the door and have the police there as well. This wil protect you in gettign your things and no one can (i.e. friends) cant stop you as well. No he will not be able to sue you since you have legal rights to enter to get your belongings. You dont have to tell your room mate that your going, just do it and get on with your life.
Good Luck
2007-12-30 08:14:28 · answer #3 · answered by kevin T 3 · 3⤊ 0⤋
Call a locksmith, get your things, and count your blessings you're rid of this ***! I wouldn't break a window because then you are causing damages to someone else's property (the landlord). If you're being threatened call the sheriff and tell them it is a potential domestic violence situation and you would appreciate an escort while removing your belongings.
That will also give you an independent witness to what you take.
2007-12-30 08:21:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Braking a window would be the dumbest thing you can do. If your "friend" is a policeman , he should know that. Wait until this person is at home and bring an officer with you. They will let you get your personal things out of there. If you aren't paying the rent> It's not your apartment!
2007-12-30 09:04:05 · answer #5 · answered by Leroy 4 · 0⤊ 0⤋
Go there with the police and a locksmith you can show the police your mail with the address and your name on it and your ID...and you can get your stuff. This way everythings documented
2007-12-30 08:14:44 · answer #6 · answered by Mike B 2 · 1⤊ 0⤋
Anyone can sue anyone for whatever they want. But he would have to prove that you in fact harmed him in some way to get an award in his favor. You could also sue him in small claims court for the value of the property he refuses to let you get.
2007-12-30 08:39:48 · answer #7 · answered by mommanuke 7 · 0⤊ 0⤋
State laws vary, but if your drivers license has that address on it you should be able to go in and get your personal belongings. But go to the police station and check on this first and tell them your situation. He's being a jerk.
2007-12-30 08:18:51 · answer #8 · answered by sandy t 4 · 0⤊ 0⤋
You should call your police department or Sheriffs office and explain to them waht is going on. It's your residence, if he isn't on the lease kick him out, if you are both on the lease. have the police go with you to remove your belongings.
2007-12-30 08:54:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Have your cop friend there when the locksmith opens the door.
2007-12-30 08:29:13 · answer #10 · answered by Gaspode 7 · 3⤊ 0⤋