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RDWhite1967
Oct 22, 2008, 05:33 PM
I am a lease holder on property in California. I have a verbal agreement with both rommates that they would honor and remain here until February 2009. One of the roommates has moved his stuff out of the rental property while myself and the other roommate were not at home (work). With a verbal agreement do I have any options to seize his property until his obligation is complete.

rockinmommy
Oct 23, 2008, 06:51 AM
NO. I wouldn't "go there" - that would have the potential to set up a huge mess.

Your best option (and it's not GREAT) is to sue him in small claims court for any unpaid amounts that he agreed to pay. You (I presume) at least have the other roommate as a witness to what he agreed to. You should stand a decent chance of getting a judgement against him. Whether you can ever collect is another story, but it will at least go on his credit.

Did he leave some stuff behind? Is that what you're wondering about seizing? You may want to check your state's landlord / tenant laws (there's a sticky at the top of this forum with a link for each state). You may be able to treat his property as abandoned, which may give you some rights, but make sure you follow the proper necessary legal route (sending him notice, etc.)