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Bryant21 · May 11, 2012, 09:37 AM

A roommate without a lease defaulted on payments, two months ago, then came back on derby day knowing no one was here and broke in to take his belongings back. Do I have any legal actions I can take ?

Bryant21 · May 11, 2012, 10:01 AM

A roommate not on the lease, left for non payments, then two months later entered the house (unwelcomed) and took back his belongings. Is this illegal in any way? Breaking and entering ? Anything really

excon · May 11, 2012, 10:09 AM

Originally Posted by Bryant21

A roommate not on the lease, left for non payments, then two months later entered the house (unwelcomed) and took back his belongings. Is this illegal in any way? Breaking and entering ? Anything really

Hello B:

Even though there wasn't a written lease, he WAS a month to month tenant.. Since neither of you actually ENDED the relationship, he's probably STILL considered a tenant. So, no, there's nothing there. If he only took HIS stuff, there's nothing there either.

excon

AK lawyer · May 11, 2012, 10:24 AM

Originally Posted by Bryant21

... Breaking and entering ? ...

Did he have a key?

AK lawyer · May 11, 2012, 10:27 AM

Originally Posted by Bryant21

... Do I have any legal actions I can take ?

One question- two threads. Please combine.

You want to sue him? What for? How were you damaged?

If, by taking legal actions, you mean asking the authorities to prosecute him criminally, perhaps.

Bryant21 · May 11, 2012, 10:53 AM

He did have a key, however the Month to month relationship ended 2 months ago when he moved out after defaulting on payments, I guess I need to know if everything left is no mine , and if he broke and entered ?

excon · May 11, 2012, 02:13 PM

Originally Posted by Bryant21

He did have a key, however the Month to month relationship ended 2 months ago when he moved out after defaulting on payments,

Hello again, B:

You ASKED your question on a real estate LAW board. I told you what the law IS.. Now, you can make up your OWN law and tell US about it, but we're not the ones asking.

Go read my answer AGAIN. I didn't lie.

Now you asked a NEW question... No, the things he left AREN'T yours. They're HIS. You don't get to KEEP any of it.

excon

Fr_Chuck · May 11, 2012, 02:17 PM

No his month to month did not end, when he left, since he "left his stuff" he was still renting, just not paying. You, needed to have either evicted him, or made arrangement for storage and/or disposal of his property.'
Also he never gave a key back, and you did not change the locks, showing he still had possession of the rental.

You sue him for the past two months rent.