Originally Posted by
khaning
Hum I do believe you can call the local police and see if they would be kind enough to supervise while you get your things. i am not sure why you think she should store your things for you if you moved out of the home and did not return when you said. If you like your things you should just pay the rent you owe. You should have taken it with you??? It would be a small claims court issue. She did not sleal your things you left the there over 30 days. She does not have to store them.
Not correct. There is no "30 days and I don't have to keep your belongings" law/rule in Virginia.
To OP - I find several issues and circumstances under Virginia Law. If your “belongings” made it impossible for your former roommate to obtain a new roommate you ARE responsible for the rent. For example, you left your bedroom furniture. A new tenant cannot move his/her bedroom furniture in, making the room unavailable for rent. At that point your roommate (who is still in possession) would send you a letter, certified, advising you that you are responsible for that month. Following that month your belongs will be moved (at your cost) and stored (also at your cost). You MUST be notified.
If you were removed through an eviction process/writ of possession (and I don’t believe you were) the property you left behind is considered to be legally abandoned.
In the absence of eviction (which I believe is your case) you would notify the local Police Department. If they refuse to act (and they may determine that this is a civil matter, not a criminal matter; therefore, they will not respond) a Court (Small Claims or otherwise) would have to determine whether a bailment exists.
When you leave property in another person’s care and custody, that person is a bailee. You are the bailor. If you leave the property and the bailee (other person) BENEFITS from the property (you leave a livingroom set, the bailee keeps using it) the other person (the bailee) MUST use a high degree or extraordinary degree of care when it comes to your property.
If you both benefit from the arrangement there is an ordinary standard of care.
If you simply leave it without notice or don’t pick it up, the bailee receives no benefit, that person is not liable unless he/she commits gross negligence, for example, leaving your property in an unlocked garage or on the front porch.
So - the question appears to be what the arrangement was when you left the property (which I think I already know. You said you would pick it up in X days) AND did the other person USE your property for his/her benefit AND did you get a letter that you had X days to pick up your property AND could your former roommate get another roommate while your property was there?
Don’t mean to get so “wordy” but these situations can be complicated, particularly if you end up in Court.