For the lawyers and aspiring lawyers: will I end up on Judge Judy for this?

[lilminx]

Ok- here's the deal....

I just moved, but my lease in my old apartment isn't up until March 1. I still had a few things left there that I was planning on getting this week. Last week, I knew that my old landlord wanted to show the apartment, but I had neither the time nor the desire to deal with him (believe me, he's a real pain in the ass). I didn't return his calls.

I had been going to the old apartment every other day or so to clean and pick up things. I went yesterday, and found that stuff I had arranged in piles to pick up had all been moved into one corner of the apartment. I had had two huge Hefty bags full of clothes on hangers (yeah, I know, crappy way to pack, but very easy- just take the clothes out of the bags when you're done and they're ready to go in the closet) when I had last left the apartment (Saturday), and when I went back yesterday, they were gone. Everything else was there.

I thought that maybe I had taken the bags, and just didn't realize it. I searched my new apartment, and didn't find them. I called my old landlord to ask him if he threw out any bags in the apartment, and he acted innocent about it. I was also really pissed off that he went into the apartment when I was still legally the tenant and moved my stuff around. I threatened to file charges against him because of my missing clothes. I tend to think that he threw them out, either out of maliciousness (he resented having to find new tenant) or out of idiocy.

My question is: what would happen if I filed charges? Do I have a leg to stand on?

 

[Bindii]

I'm not a lawyer but thought at the very least my post would bump this thread to the top in the hope you get an expert answer.

I would think though that you wouldn't have a leg to stand on because you cannot prove he did it. Its a bummer though, I feel for you.

 

[lilminx]

That really sucks.

Aren't the laws more in favor of the tenants though?

And what about the fact that he entered the apartment without my knowledge while it was still in my lease and loved my things in the apartment? Doesn't that account for anything?

 

[Bindii]

Yes there are laws to protect tenants, and he isn't allowed to enter the premises without written permission first (where I live anyway). But you still have to prove he did enter your place without your consent and that he took the clothes.

 

[Azwed]

It comes down to a He said She said. If you can come of with some witnesses who saw you put the clothes where you put them and will testify that you did not take them you might have a case.

Even then it might come down to the actual value of the clothes. If they were worth very little or if you can't really prove how much they were worth you might be screwed.



Disclaimer:

I am not a lawyer and never ever want to be one so I may be completly wrong.

 

[sufisaint]

was a lawyer...

Have to see the lease and know what state your in, but generally if you havea valid lease, the landlord still owes you a duty of care, in showing your apartment and is responsible for anything stolen or missing. the problemisyou have to prove he violated that duty of care and prove damages. nless you had over 500.00 dollars of clothes nd some prooofto verify it may not be worth it.

my non-lawyer advice- make him pay in other ways!!!!!

 

[Fly_On_Wall]

you do have a case (well where I live) that he entered you apartment which you still heald a least to without asking you and without cause. so you can at least get him in trouble with the landlord/tenent act (if there is such a thing where you live)

as for the bags, you can prove that only you him and your old roommate had access to the place therefore you'd have to prove it was him that took those bags and now you nor your roommate