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    shadowspyryt's Avatar
    shadowspyryt Posts: 1, Reputation: 1
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    #1

    Jan 31, 2008, 09:13 PM
    Ex-roommate will not remove personal property.
    I'm not 100% positive this is the right section to ask this question, but I'd appreciate any help I may get.



    Around December 14th my boyfriend and I allowed a friend of his to stay with us for 1 month, in which she would pay us $250.00. She ended up losing her job and was unable to pay us, so we kicked her out January 5th. Since then we have contacted her five times to tell her to get the rest of her stuff out of her old bedroom (the last time being two weeks ago) she still hasn't come to get it...

    The problem we're having is getting her to remove those items. There are about 6 bags of clothes sitting in there, and she has one of our keys. I found out tonight that yesterday she came into our apartment while we were sleeping to get some of her clothes out, but not ALL of them as we had told her before.

    I called her tonight and told her to stop by tomorrow afternoon to get her stuff, and to leave my key. If she doesn't come to get it tomorrow, what legal actions can we take? If any?



    (Edit: I also don't feel very safe with her being able to come and go as she pleases while we're sleeping. At the very least is there anything we could do about her having one of our keys, besides just paying to have the lock changed?)
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jan 31, 2008, 09:17 PM
    From what I always heard you are suppose to keep it for at least 30 days and document when all you notified her to get her stuff. Some people say you aren't required at all, but that is what I have always heard Judges and the police tell people.
    You might want to make a list of everything that isn't clothes too to cover all bases.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Jan 31, 2008, 09:56 PM
    You may have illegally evicted her for failure to provide notice of eviction. Do you have a cell number or mailing address? I would carefully pack her stuff and set it in a corner until she either picks it up or forgets about it. You should learn your rights and liabilities before becoming a landlord again.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Feb 1, 2008, 02:15 PM
    Change the locks on your home or apartment immediately. Don't waste your time waiting for her to give you the key back if she has been coming there when you are asleep. Do you know where she is now? If you do, take her stuff over there and park it outside the front door of where she lives and leave. If she is not cooperating with you about getting her things back she obviously does not want them any longer.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 1, 2008, 03:26 PM
    Quote Originally Posted by twinkiedooter
    Change the locks on your home or apartment immediately. Don't waste your time waiting for her to give you the key back if she has been coming there when you are asleep. Do you know where she is now? If you do, take her stuff over there and park it outside the front door of where she lives and leave. If she is not cooperating with you about getting her things back she obviously does not want them any longer.

    Once again we have different experiences and different advice -

    This was a landlord/tenant relationship; the tenant must be given adequate legal notice both concerning eviction and removal of property from the premises.

    There are different legal means to return the "left behind" property in different States - sometimes a certified letter with a final date; sometimes the landlord has to provide storage.

    If the landlord takes the "stuff" and parks (or dumps) it at the front door of the tenant she had better be prepared to pay for them if and when she is sued.

    The "she obviously does not want them any longer" part is a conclusion, not a fact, leading to an illegal act.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Feb 1, 2008, 03:30 PM
    If the landlord takes the "stuff" and parks (or dumps) it at the front door of the tenant she had better be prepared to pay for them if and when she is sued. They can do that once they
    Send the certified letter and the reasonable time is over IF they want to.

    The "she obviously does not want them any longer" part is a conclusion, not a fact, leading to an illegal act. Very true I can't count the number of times I 'lost things' because I had NO transportation to go get my belongings.

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