Hello. I rented a space for 2 years for my painting shop/studio in NH. On Oct 11th there was a major fire at the strip mall that housed my shop- half of the shops are totalled and the others suffered smoke damage. Half are condemned and boarded up. I spoke with my landlord after removing truckloads of merchandise the next day- there was still a lot left. He knew that I had a hard time entering the shop because of the smoke and my asthma (it was a tire store that started the fire) AND that I was having neck surgery for lymph node removal and biopsy for lymphoma. He told me not to worry about it- with half the shops boarded up there was no hurry and to get through my surgery.
SO- got my results the week after Thanksgiving -negative-and continued going up to pack up the rest of the merchandise. We had a Nor'easter and I had the flu so I missed going up there for about a week- and when I did the shop was completely cleaned out and he had started repairs. All of my things are gone. He won't answer my calls. He never called me or gave me notice or anything. I am heartbroken- I am an artist and I had just finished packing my Christmas items (all handpainted by me)- it was a heavy box so my husband was to help me the next day but the storm came- now everything is gone. Any recourse at all? I did not have a lease, I was up to date with my rent until the fire and as I said he never contacted me. Thanks, Janice

Yes, why did you not hire someone to get the things out ASAP. In closed boarded up buidlings. I guess the differnece is your idea of NO hurry and his idea of no HURRY were two different time frames. Have you thought about driving over and seeing him ?

As I said- the next day I removed 4 truckloads of merchandise- my garage and screened porch are crammed- I could not bring them into the house because of the smell- and my students all took home books to air out for 2 weeks to get the smell out. The heavy things like a refrigerator, microwave, shelving, a desk and a display china cabinet were too heavy for me to move by myself and noplace to put them which pronpted his "no hurry". And there were no storage facilities available nearby- I checked.
He has a PO for an address and an unlisted number (so no reverse search available) and I have left written messages at the shop- he has not been back there and he has not returned my messages left on his machine.
As for NO HURRY- well, I agree with you- but he didn't call me or mail me an order to vacate. He's avoicing me so I am assuming my things are gone- stolen- gee, he had some really nice Christmas gifts.
So judging from your answer I should write this off- it was my fault for trusting the man. My students (9 of them were with me in the building when it caught fire and helped me move the next day) have been urging me to file a police report and go to small claims court but it's the end of the year when I typically do inventory and my business records for this year are also missing (forgot to mention that file cabinet). I can't even do a complete list at this time- I've ordered copies of bank statements and invoices from my suppliers and will have to wait until they arrive- sales books are gone, too, so I have a heck of a job ahead of me.
Lesson learned- landlords lie- even the ones who seem the nicest. Janice

Hello Janice:

I think the Padre is right. You were TOO casual - specially with NO lease.

That doesn't mean you weren't screwed by your landlord. I think you were. Consequently, I would visit a lawyer right away.

I don't know how much your stuff was worth, so I don't know if it would be worth suing him. I don't know the laws of your state and if he violated any of them. However, a few letters THREATENING a lawsuit from the meanest baddest lawyer you can find, might shake loose a few dollars.

I would NOT let this guy off the hook.

excon

Yes, the landlord had no busienss doing this without contacting you, but then they may have hired some company to do the remodel, and this comopany assumed it was deserted.

But you need to run them down if not talk to an attorney.

Notice is required. Imo, even if the rent wasn't paid he can't evict you or steal/toss your things. No due process here. And you might have a claim for all the damage depending on how the fire started and progressed, perhaps the building wasn't maintained according to the fire codes etc, or someone was careless. If some dereliction or negligence contributed to the fire... so now go talk to a real lawyer! :)

Actually, is it possible that someone else stole the stuff? Think of it... there's a bunch of boarded up shops. Someone wanders by and notices "junk" left behind, takes it. Landlord gets there and sees the spot is cleared out, and thinks the tenant has been by to get the stuff, so starts remodeling. Tenant comes by, finds landlord remodeling and items gone, and thinks landlord got rid of it.

Personally, leaving things in a burned out mall, where several of the shops are boarded up, is risky just because those kinds of places invite vandalism.