Ask Me Help Desk - My personal property

I left my roomates house in the ending of February, and notified her that I was moving out In April after paying bills. I told her I'll pick up my belongings in a few weeks, but wasn't able to get them for a month and week later. Now she want's rent for the months my property was there and won't let me get my things. What rights do I have in Central Virginia?

First, you can't just breeze in and out of a rental. Although laws vary by state, your probably at a minimum had to give her 30 days notice in writing that you were leaving, and if you were on a year lease, you are obligated for the entire year.
Second, you can't just leave 'belongings' depending on how inconvenient it was to keep them there, especially if they prevented someone else from easily moving in, and expect free storage. Bed and other furniture? Do you want her new roommate to sleep in your bed, or what? Maybe they don't want to, and won't rent until all your stuff is gone.
Third, you didn't even go get them when you said you would, further hampering any efforts she could have started to let someone else move in.
All and all this adds up to a great deal of inconsiderateness, aside from the law. Pay up, or negotiate based on the fact that you weren't there, possibly worth a small fraction. You would lose if sued.

The law is that she can't prevent you from taking your belongings. But you owe full rent, possibly more than through the date you showed up, so it is not in your interest to assert your rights and wait to be sued.

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.

Quote:

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.

As Judy has noted the correct answer depends on the nature of the property. At the very least she can charge you for storage. So we need more info.

Since this is a civil matter, it is unlikely the police will get involved.

More than likely they will not Scott, and you know that is the norm. I have seen them a few times in my area, and even if they do not they help iron out the options. I was just a suggestion.

Quote:

Originally Posted by khaning

More than likely they will not Scott, and you know that is the norm. I have seen them a few times in my area, and even if they do not they help iron out the options. I was just a suggestion.

Why are you suggesting ("I do believe you can call the local police and see if they would be kind enough to supervise while you get your things") "solutions" which you KNOW aren't going to work?

Again - please stick to what you know and don't read into questions.