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-   -   Unlawful entry and stolen property (https://www.askmehelpdesk.com/showthread.php?t=99012)

  • Jun 6, 2007, 08:57 AM
    jazcateyez
    Unlawful entry and stolen property
    On April 25 I went to court with my landlord. We came to an agreement that I would move out in a month which was May 25. I did not move until June 2nd. I started moving on June 1st. I kept all communication open with my landlord. I told her on June 1st when she saw me with a uhaul truck that I would be back on June 2nd to finish moving. On June 2nd I returned with my fiancée to finish moving I realize that she (landlord) had entered the premises. She took my curtains down, remove a cable box that she had supplied, I had went to the bank the day before and removed money. I accidentally forgot the money in the house and now it is missing. When I was packing my belongings I did not want to damage my engagement ring so I removed it from my finger and place it on the counter top, I went back after finish packing I realized it was missing. I called the police that day to have them speak to her but she conviently was not available. I made a police report. I was advised by a lawyer to first send a demand letter to her. Then if I don't hear from her to go to small claims court. When she moved my flat screen TV she damaged it. She took my curtains down and now they are ripped. My question is many but first. If I agreed to leave on the 25 of may but stayed until June 2nd would I have a case. She damaged my property and stole my $500 and my engagement ring. Second, I told her was to get a 72 hrs notice but she did not. The police that took the report was trying to figure if I had a eviction notice. I don't think I did because I agreed with her and the Judge. The judge told her on April 25 that if I was not out by May 25 she was to go back to get a 72hrs notice she did not. Did she enter unlawfully? Do I have a claim?
  • Jun 6, 2007, 09:03 AM
    LisaB4657
    Yes, you have a claim. Go after her.
  • Jun 6, 2007, 11:49 AM
    Lowtax4eva
    Well you obviously have a case to pin the theft on the landlord, I don't think you have any case for unlawful entering. You agreed to leave by May 25 and took an extra week, she had the right to enter on the 25th and get the apt ready for the next people. But she did steal from you, or maybe left the door unlocked and someone else did, so sue her for that.

    Hope you get some of the cost back.
  • Jun 6, 2007, 04:35 PM
    froggy7
    I'm not sure how good of a case you have for the missing ring. You claim that you left it on the counter, and when you went back, it was gone. Can you prove that you left it there? Can you prove that she took it? It might have fallen on the floor, if she had cleaners in they might have taken it without her being aware of it, etc. Can you even prove that you had a ring, and how much it was worth? It may seem a little bit too convenient to a judge that you "accidentally" left several valuable items there which just happened to come up missing.

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