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Anonymous #1

Landlord changed locks and threw out stuff last day of month
    #18784205 - 09/01/13 05:49 AM (10 years, 4 months ago)

looking to see what the consensus is here.

long story short, my roomate and I moved out and went separate ways about halfway through August.  I have paid rent without a hiccup for the last 6 years.  However, my former roomate paid the last month's (August) rent in full despite us both leaving before the end of the month.

I had a verbal agreement with the landlord that I would move to my new place and then slowly move the rest of my stuff out over the rest of the month.  He told me to have it all out by September.

Fast forward to yesterday, August 31.  After being out of cell-coverage for the entire day, I finally receive two voicemails at approx 5pm recorded and 9:30 and 11:30 am from my landlord effectively telling me I've left the place a shithole, he's changed the locks, and thrown all my stuff away in the dump.

Now I know I waited until the last minute to get some of the last stuff out, but I am pretty sure what he did (entering, changing locks, and then destroying personal property) is illegal.

I arrived to the apartment to find he had indeed told the truth, and changed the locks.  I called the police and spoke with an extremely friendly officer who showed up.

To sum up, they called him and his wife came over to let me in and grab the last remaining stuff.  He did leave behind some larger, more valuable things such as a large fishtank and stand, a TV, and a microwave, but everything else was thrown out.  part of me thinks he left the big stuff because he knew what he was doing was illegal.

Most of the thrown away stuff is more sentimental in nature and would be hard to put a dollar value on.  Things like my artwork: drawings, paintings, fragile sculptures... a lifelong shell collection, an electric guitar that my roomate accidentally left behind, a smaller fishtank and equipment, blah blah blah.


this is starting to get long, so the gist of it is that I am wondering what you guys think.  I know I can take him to small claims court as he definitely broke the law.  I have two voicemails from him dated for Aug 31 explaining everything he did.  I have a utility bill showing I paid electricity for most of August and thus was technically residing there. I have witnesses (neighbors) that can testify that I had been there on and off all month cleaning, including the night of the 30th.  The only messy part is that my roomate paid the last rent check, so it is in his name and not mine, but I can easily have him give me a copy of the check. 

so what should i do?  part of me wants to leave it all behind and never talk to or see him again.  We were on great terms for 6 years.  I never missed a payment and he and his wife referred to me as their best tenant ever.  The other part of me is seething with anger for the abrupt 180 he pulled, and I couldn't sleep much last night, fell asleep at 2 and woke up again angry at 6.

what should I do shroomery?

I am off to the town dump to see if I can find some of my stuff.


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Anonymous #2

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1] * 4
    #18784267 - 09/01/13 06:36 AM (10 years, 4 months ago)

I would sue him for the maximum allowable in small claims court. The guy is a dick. If you paid For August he can't lock you out on the 31st. Is your name on the lease?


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Anonymous #1

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #2] * 1
    #18784377 - 09/01/13 08:02 AM (10 years, 4 months ago)

no written lease, just month by month via check for the last 6 years.  i looked up the law and this is more than enough proof of a verbal lease.  i also have utility bills for every month during the same time.  i can retrieve bank copies of each rent check, only bump in the road is the last one was not mine but the roomates.  the intent, however, was still to pay for the entire month and have up to today to move out.

there are obviously no eviction notices served or anything of that sort, so him even entering the property unannounced is illegal in my state.


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Anonymous #2

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1]
    #18784400 - 09/01/13 08:17 AM (10 years, 4 months ago)

I doubt it matters who wrote the check. File the lawsuit and tell him you will settle out of court for 2500.


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OfflineReposadoXochipilli
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Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #2]
    #18785125 - 09/01/13 12:37 PM (10 years, 4 months ago)

asses the value lost and at a later date visit equal misfortune to them :shrug:

court will be nothing but he said she said.


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InvisibleMasked
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Re: Landlord changed locks and threw out stuff last day of month [Re: ReposadoXochipilli] * 3
    #18785390 - 09/01/13 01:45 PM (10 years, 4 months ago)

Quote:

Knewnews said:
asses the value lost and at a later date visit equal misfortune to them :shrug:

court will be nothing but he said she said.





Horrible advice.  As an experienced landlord, I will tell you, it's very cut and dry.  Court would be the opposite of "he said, she said".  You have all the proper evidence to win op, and your fees for filing.  Dont hesitate and get on it now.

Trust me..what he did was very wrong.  You will win


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InvisibleShroomismM
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Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1] * 1
    #18785841 - 09/01/13 03:42 PM (10 years, 4 months ago)

Do it. Take his ass to small claims. I'm no lawyer but this seems pretty cut and dry.


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Anonymous #2

Re: Landlord changed locks and threw out stuff last day of month [Re: Shroomism]
    #18785989 - 09/01/13 04:16 PM (10 years, 4 months ago)

Judge Judy would be merciless on the landlord.


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OfflineAlan RockefellerM
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Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1]
    #18786775 - 09/01/13 07:57 PM (10 years, 4 months ago)

Make sure you save the voicemails as mp3 files before they get deleted by the system...


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Anonymous #2

Re: Landlord changed locks and threw out stuff last day of month [Re: Alan Rockefeller]
    #18788639 - 09/02/13 07:58 AM (10 years, 4 months ago)

Bring the police report to court.


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InvisibleEnlilMDiscord
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Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1] * 2
    #18788814 - 09/02/13 09:20 AM (10 years, 4 months ago)

Dude, it's not even a close question of what you should do. Take him to small claims court.  You have a slam dunk case, and he is on the hook for everything.  In addition, I'd ask for punitive damages because his conduct was wanton, malicious, and intentional.

Seriously, there is no reason whatsoever NOT to take him to court.  You have tons of evidence.  The cops were called, so you have a police report.  You have voicemails.  The guy is fucked, and he knows it.

In addition, who paid the rent, OR EVEN IF THE RENT WAS PAID, is completely irrelevant.  Don't get hung up on that. 


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InvisibleCounterCulturest
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Re: Landlord changed locks and threw out stuff last day of month [Re: Enlil] * 4
    #18789825 - 09/02/13 01:04 PM (10 years, 4 months ago)

If this really happened like you said it did then you might haver scored man. You need to tell them about all the diamond rings and gold bars you had stashed in your stuff. Seriously. If he just threw your stuff out you need to be heavily compensated for this. I would empty this fuckers wallet as much as I could.  Try to claim 2x-3x the amount of $$$ you had invested in the shit he tossed. How fucking offensive dude.


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InvisibleCidneyIndole
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Re: Landlord changed locks and threw out stuff last day of month [Re: CounterCulturest]
    #18800617 - 09/04/13 07:20 PM (10 years, 4 months ago)

He and his wife say you're the best tenant they ever had, and then they pull this shit on you? You were clearly working on it, you just didn't have it done as fast as he wanted it, even though he told you, and you agreed to something else. Hell yeah you have the right to be pissed about this.

Listen to Enlil. Even if only for the next guy he would treat like shit that might not have the resources to hire a lawyer to fight it. Asshole landlords that get away with stupid BS are only emboldened when they get away with it....


...just like any other type of asshole, I suppose. :shrug:


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Offlineallreadyused
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Re: Landlord changed locks and threw out stuff last day of month [Re: CidneyIndole]
    #18804551 - 09/05/13 06:42 PM (10 years, 4 months ago)

I have pretty strict laws I have to follow when I evict someone from my properties.  If I have to take it that far I have to file papers for expulsion and I have to have a Sheriff do the actual kicking to the curb.  Any property has to be accounted for and placed in a storage unit for a period of time before I can throw it away.  As much as I would like to boot some deadbeats with extreme prejudice personally; I can't because I would be sued for everything I'm worth.  Although why he would kick you out if you were still paying is a mystery.


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Anonymous #3

Re: Landlord changed locks and threw out stuff last day of month [Re: CidneyIndole]
    #18806273 - 09/06/13 05:48 AM (10 years, 4 months ago)

Quote:

CidneyIndole said:
He and his wife say you're the best tenant they ever had, and then they pull this shit on you? You were clearly working on it, you just didn't have it done as fast as he wanted it, even though he told you, and you agreed to something else. Hell yeah you have the right to be pissed about this.

Listen to Enlil. Even if only for the next guy he would treat like shit that might not have the resources to hire a lawyer to fight it. Asshole landlords that get away with stupid BS are only emboldened when they get away with it....


...just like any other type of asshole, I suppose. :shrug:




Our new landlords tried to do what they did to OP when we moved in.

We were late on rent because we weren't home since the town was burning down.

They asked for another contact # and I gave them my lawyer's.

Never heard a word. Our insurance company said our shit would be covered if we failed in court. Check your policy if you have renter's. Or just call an agent.

Don't forget those gold bars and all that jewelry!


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Anonymous #1

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #3]
    #18807583 - 09/06/13 02:00 PM (10 years, 4 months ago)

thanks for all the replies everyone.  it seems like the consensus is pretty unanimous. 

i have started gathering the evidence and put in a request for a copy of the police report. 

i saved my voicemails as mp3 so they can not be lost.  i also heard a horror story from someone whose friend tried to take a phone into court as her only evidence, only to be told no phones allowed.  savethatcall.com is pretty awesome.

i printed out the last 6 years of rent checks from my bank's website.

this brings me to my next question.  i noticed that on many checks over the years (maybe a bit less than half) both the husband AND wife endorsed the checks before cashing them. 

i am now wondering if i should include both their names as defendants in the lawsuit.  i don't want to sue him and win only to find all their assets (and cash) are in her name and thus untouchable.


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Anonymous #3

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1]
    #18808752 - 09/06/13 06:47 PM (10 years, 4 months ago)

If they're married sue them.


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Anonymous #4

Re: Landlord changed locks and threw out stuff last day of month [Re: Anonymous #1]
    #18817774 - 09/09/13 04:00 AM (10 years, 4 months ago)

I've been doing some research on renter's rights lately... and what he did to you was MOST DEFINITELY ILLEGAL in pretty much every state.

He cannot just change the locks on you like that. And he ESPECIALLY cannot throw out your personal shit. Sue the ever living shit out of them.

Like Enlil said, it will be a slam dunk case. He fucked himself hard.


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InvisibleVitalux
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Re: Landlord changed locks and threw out stuff last day of month [Re: Enlil]
    #18821464 - 09/10/13 12:03 AM (10 years, 4 months ago)

Spoken like a true lawyer.

I'm surprised that you did not slip in your business card and tell him you ...will defend him to his very last cent.


But in all seriousness, I am betting there is a bit more to this story than meets the eye.... but ...that is just me.
Its just a hunch.


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InvisibleEnlilMDiscord
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Re: Landlord changed locks and threw out stuff last day of month [Re: Vitalux]
    #18822063 - 09/10/13 05:05 AM (10 years, 4 months ago)

You might be right about there being more to the story.

And yes, I would represent the OP pro bono if he asked and lived in a state where I'm licensed. That's how I roll.


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