I got into a fight with my roommate who is also my mother. We got into a fight so I stayed with a friend for about 3 weeks. She wanted me off the lease and I began moving my stuff out when she said that. She came a few days later asking me to sign a document to remove me from the lease so the rent would be reduced for her; I signed it. I went back a few days later to find all of my stuff gone. The thing is she had started disposing of my stuff before I signed anything, which I'm sure she didn't have the right to do. I signed that document so I know she'll probably lie and say she removed my things after the fact. I know I shouldn't have signed before I was done, but I wasn't thinking it was really early in the morning when she came. I have receipts for most of what is missing. Is there anything I can do?

You are going to have to PROVE everything, that the items actually ARE gone and you didn't take them with you, but I bet your legal fees are going to exceed the value of the items. Sorry but I see this as a lose - lose situation. Sure you CAN try and sue her... but you can most likely kiss her off for life if you do... and she is your mom. You might win something or maybe you won't. Odds are you didn't have that much stuff if you actually had reciepts for everything. And depending on how old it is... its got a reduced value than new would be.

I had a lot of stuff because I was living there. I don't care about the relationship; we weren't close to begin with. When I turned 18 I was required to sign the lease so that's the only reason we were living together. Would texts she sent be enough proof in small claims? In the end if I have a chance to recover something I want to at least try.

THe less proof you have the harder it will be to prove your claims... and since you would be filing the case... YOU have to do a very good job of proving every claim you make. As such... the more proof you have the better your case will be.

If you actually had pictures of the stuff (even if the stuff is in other photos, and not a photo inventory)....it would help you.

Your mother can claim you moved out..and took your stuff with you....she's got pappers that basically proves as much ( this is what you will most likely face in court so prepare for it)....you have to prove otherwise.

Some of the texts are before the date I signed the papers. When she realized that I had started taking things out she got mad and sent those saying she was going to throw things out. I took as much as I could when I was able. Some of the stuff I have picture because they were bought online and the receipt is in my emails and on my account. So I can prove some of what I had without a doubt. I know that clothes and stuff won't have any value, but my bedroom set, electronics that's what I want compensation for.

Gather up as much as you can find. What I mean is if you happened to take pictures of yourself or a friend sitting ON the items, (any picture that happens to have any of the items in the picture, even if by chance) or you wearing them goes a long way. Extra proof to back up the reciepts... if you see the point I'm making. You can't have too much proof... but you can have too little.

I know what you mean, it's a long shot but I think I can win my case. UShe'll probably lie and when she does I can show the texts. Her willingness to do that will hopefully be enough to win in small claims. Thank you for your advice.

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Originally Posted by 1xerxes

I know what you mean, it's a long shot but I think I can win my case. UShe'll probably lie and when she does I can show the texts. Her willingness to do that will hopefully be enough to win in small claims. Thank you for your advice.

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You may win your case, though I think it will be difficult. But what then? Does your mother have assets you can attach? Winning is only half the battle. You still have to collect and that can be harder than winning.

At some point your belongings can be considered abandoned, and that goes by local law.
Your timeline of events isn't very clear. If 'about 3 weeks' stretched out and you had taken some things but left the rest, and you can't remotely prove when she started getting rid of stuff, then your $50 or so filing fee is wasted money. And even if you win, I doubt that she will pay.
If you want to clear up the timeline with us maybe we can give you a better idea of what might happen in court. And tell us when you stopped paying rent and utilities. Don't forget that utilities are retroactive; you owe the bills that come in after you leave. It doesn't give a roommate the right to use belongings to pay bills, however, just tell us for the whole picture.

The rent is due on the 1st of every month so I had already paid for this month. I'm 19 so I'm free to do as I please without answering to her. She has no say in what I do and that's why we get into fights. I decided to stay with a friend for the time being. What's I took were a few clothes so I'd have something to wear while I was away. I wasn't planning on moving out, but she told me to take my stuff and get out when she saw that I left. I have texts from her about this and her threatening to throw out my stuff. I couldn't go and get everything at once because of work and school. After I went the first time she came and asked me to sign so she would have rhe rent reduced because she srill wanted to live there. I signed and shortly after I went back and the rest of my stuff was gone. I live in Louisiana so I'm not sure what the law is.

You are still free to use the apartment through Sept, regardless of signing something for Oct 1.
I would go there and demand to know where it went, and I would itemize what is gone and attach a value to it. I would tell her that you plan to go to small claims. It might be a waste of the fee, but it might make you feel better.
Would I take a valuable item of hers? No, don't be like her.
I have a feeling that she is very upset about losing you as her little boy. Controlling though she may be as a roommate, she is still your mother, and it wasn't easy for her to stop.
AND you knew what you were getting into. What 19 year old shares an apartment with his mother, as two equals? You should have known anyway.
(Can't believe I'm defending her to some extent, considering how my mother tried to control me her whole life.)

If she has changed the locks, you can have a cop escort you to the door and he can make her let you in.

No, I'm her daughter. I can't afford to live on my own which is why I was staying. Other than that we never said much to each other and stayed to ourselves.