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Posted: Sun Apr 30, 2006 4:23 pm
im sorry if this is the wrong forum, but i needed to ask for advice. well my boyfriend got kicked out of a home recently, and he went to get his stuff, and he friend threw it all out, now he has nothing....is there anything he can do?? cause my boyfriend said the police wont do anything.
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Posted: Sun Apr 30, 2006 11:37 pm
Does he have any proof of ownership? If not, as far as the police know it was located within someone else's home and thus theirs.
This is why you should keep receipts!
If his name is on the rent or anything like that, he might be able to make a case. Other than that, police tend to be a bit too busy to intervene in these sorts of petty squabblings. If he has enough money to hire a lawyer, though, I believe that he can take the friend to court. Sue him for property damage and such. Some lawyers will even offer free consultations where he will be able to ask if he even has a case at all and if it's worth pursuing.
Of course, this route can take up a lot of time and a LOT of money, perhaps more than the stuff is worth. But to some people, just tying up the other guy's time is well worth the hassle.
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Posted: Mon May 01, 2006 4:35 pm
As a former Apartment manager and having had to deal with this specifically (note this only applies to the US)
Your boyfriend would have needed to officially be on the lease to take the roommate to small claims/civil court. If not, he's SOL. Because the residence is leased/owned by the other person and everything in the residence as long as it was not reported stolen property is the tenant's and they can do what they want with it.
Now if he was on the lease he has a right to remove his stuff from the apartment and not be arbitrarily "evicted" from the apartment because the lease is with the management/landlord and your boyfriend not between him and his roommate. And said roommate can't just throw him out.
ALSO, if he is on the lease he needs to go to the landlord and have a roommate release done so that he can get off the lease (if he does not OFFICIALLY remove himself from the lease if he is on it and the roommate later gets evicted he will be "evicted" as well and it will go on his record making it damned near impossible to rent/own in the future). He also needs to request a copy of the original lease (if he doesn't have it) in order to prove that he was illegally evicted by his roommate and not by the management company/landlord in a small claims/civil court.
Further if he is not on the lease in many places he was living there illegally anyway.
However! If he was living there not on the lease but has ANY paperwork that proves residency (light bill in his name, cable hook up, agreement between the two of them IN WRITING) he may be able to still file a claim. He'd have to see a lawyer.
The police can't do anything about it either way as nothing was stolen in either case. He will have to take it to court.
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Posted: Tue May 02, 2006 9:33 am
Wouldn't he be able to claim it was stolen if he can prove original ownership? I mean, if someone takes your stuff and throws it out/sells it without your permission, that's a form of stealing, isn't it?
I didn't know you were ever an apartment manager, Nopen! That's awesome smile
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Posted: Tue May 02, 2006 3:30 pm
Kukushka Wouldn't he be able to claim it was stolen if he can prove original ownership? I mean, if someone takes your stuff and throws it out/sells it without your permission, that's a form of stealing, isn't it? I didn't know you were ever an apartment manager, Nopen! That's awesome smile Not if he was not living on the property "legally" or can not prove he was living on the property legally. We've had it happen all sorts of time where someone came back and told me that so and so threw their stuff in the dumpster or gave it away and half the time I'm like "who are you?" Because they weren't on the lease to begin with which is technically residing some place illegally. However like I said if he paid any of the maintenece on the apartment/house like electric or phone, etc. Or changed his driver's liscence to reflect the address as his home in liue of there being a lease (especially if the roommate owned the house and there is no third landlord/management party) he may still have a case against the roommate he needs to talk to a lawyer. Yeah, being an apartment manager will make you hate people, in general, real quick though because you just can't imagine how childish and rediculous people are, or how disgusting. I have some rediculous stories.
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Posted: Tue May 02, 2006 6:35 pm
Nopenname Yeah, being an apartment manager will make you hate people, in general, real quick though because you just can't imagine how childish and rediculous people are, or how disgusting. I have some rediculous stories. I'm sure I've been the source of some of those stories for my own apartment managers, lol.
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Posted: Thu Aug 03, 2006 11:27 pm
=[D]reame[R]= im sorry if this is the wrong forum, but i needed to ask for advice. well my boyfriend got kicked out of a home recently, and he went to get his stuff, and he friend threw it all out, now he has nothing....is there anything he can do?? cause my boyfriend said the police wont do anything. If it was not legally his house, there's nothing he can do. Basically, when this happened to me, the cops explained that unless my parents gave permission for me to come into their house and take my things, I wasn't allowed to step foot on the property. Of course, this was because I was a legal adult. I don't know how old your boyfriend is.
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