I gave proper notice to vacate. On my last day while I was loading my belongings into the moving truck my landlord had the painters and carpet cleaners there working. The new renters showed up and started moving in. we had a confontation with the landlord that I had until midnight. So feeling the push we were not able to get all of our personal belongings out. I am already taking him to court for my deposit plus penalties because it is past 21 days and we have not received any money or a letter from him yet. My question is can I add this to my court case and if so how much?

Hello r:

Other than being rushed, you apparently DID get your stuff out. If you didn't, and he wouldn't LET you, then you can add the value of those items to your lawsuit.

excon

Why did you let the new renters in? The apartment was yours for that day. You should have told the landlord and the renters that the apartment is not theirs until the next day.

Its one thing to allow the landlord to paint and clean as long it didn't interfere with your moving.

However, if you have gotten all your belongings then there is nothing to sue for. If you lost any belongings that is a different matter.

I don't understand why you did not get all of your things, did he stop you from getting it ? Change the locks? I don't see this holding up, if you made the choice just not to get your things.

We had everything left to load in the garage. We came back the next day and he (landlord) had tossed our stuff in the yard. The neighbor told us people had been taking things out of the pile all morning.

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Originally Posted by rocks7

we had everything left to load in the garage. We came back the next day and he (landlord) had tossed our stuff in the yard. the neighbor told us poeple had been taking things out of the pile all morning.

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Looks like you have a case.

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Originally Posted by rocks7

...my question is can i add this to my court case and if so how much?

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In addition to the deposit? Go for the replacement value of the stuff he tossed and which was looted. Was any stuff left when you came back? Unless it was rain-damaged or something, I don't see you being able to recover for the stuff that was still there.

And while he is not to throw it out, was this your last day, why did you leave it in the garage, was it the landlord or the new renters ( you said they were moving in) that threw it out.
When was your last day, did you leave things in there after you were to be out.

I see his defense, they were moving out on their last day, when I came back this junk was left, so I assumed they had just left it ?

There was stuff still there. To add it to our claim (the stuff looted) do we have to replace it to claim it

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Originally Posted by rocks7

do we have to replace it to claim it

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Hello again, r:

No, you only need to have lost it. They'll only award you its depreciated value.

excon

The nieghbor told us the landlord tossed it in the yard. The landlord and new renters were there all day on our last day. The day after when everything was in the yard the new renter asked if we needed help with the big TV still in the garage. We said no but never thought of looking inside the garage to see if everything was toss in the yard or not.

Quote:

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Originally Posted by rocks7

the nieghbor told us the landlord tossed it in the yard. the landlord and new renters were there all day on our last day. the day after when everything was in the yard the new renter asked if we needed help with the big tv still in the garage. we said no but never thought of looking inside the garage to see if everything was toss in the yard or not.

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This doesn't make sense. Either you came back the next day and removed what was left in the garage or you didn't. Did you inform the landlord that because of his interference, you were leaving stuff in the garage and would remove it the next day?

You will need to be able to show some proof of what was missing from the garage to claim compensation for them.