roommate kicked me out holding my belongings

cmoney85January 13, 2010

I believed that a man was following me home at night on 1/4/2010 on the bus. I called my roommate to ask what should I do this guy is following me home. He told me to alert the bus driver (which i did) and

to not go home. I got off the bus a few stops ahead of my regular bus stop and I went home. I believed the male was in my house. I called 911 they came to check it out, but when I went to greet the policemen I locked my keys inside. My roommate then refused to come and let me in (my roomie was not home at the time). Since he wouldnt let me in I had to have one of my friends pick me up from the police station because I was locked out and I wasnt going to wait in the cold.

The next day. I called my roomie to find out when he would be home. He told me that I could get my stuff and get out. I didnt contest because it was a bad situation anyways. He owes 4000 (I saw this evidence, we recieved an eviction notice) to the management company for past due months and I know he wasnt paying rent with my money. I know this because I gave him a check for rent in the name of the management company for december rent and it sat there. I saw the check the day (1/4/2010) that the incident happened.

Later, I met with him to get some of my belongings and go to my sisters house in wisconsin because he would not allow me to stay at the house. The day I got kicked out was 1/5/2010. My ex roomie is saying that I need to pay him $650 for the rent, late fees (he owes 4000- tons of late fees, and never had the rent money either), and other stuff that I owe.

When I ask him for evidence of the late fees he says he has it, but never sends it over (shouldnt the late fees be split and not on me 100%). He is trying to stick me with two weeks of rent, which I dont believe I owe him because he kicked me out. Legally, I know that I am not obligated to pay him anything because he kicked me out the day rent was due (his bad not mine). I did not leave on my terms. He kicked me out. So why should I pay.

I want to get my stuff out of there but hes saying I need to have a check in his name or cash in order to retrieve my belongings. Im not on the lease, the address is not on my id. How can I get my stuff back??? Cant get a police escort. Dont have money to take him to court.

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You can go to small claims court - check into it (maybe you'll end up on Judge Judy :-) because the situation is not one you can solve on your own, but do it quickly before that ex-roomie destroys your stuff. Also see about getting legal aid representation in your area - call the local law society and ask them what to do.

    Bookmark   January 13, 2010 at 5:20PM
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Before you go to small claims or lawyer (I'm not one, by the way, am a LL), I'd suggest a trip to the local police department. In some jurisdictions, a person who has stayed/occupied a residence for a length of time (as little as a few weeks) is viewed as being a resident there. (That's why I stipulate on my leases who will occupy, and I name names, and take a few other measures. In the past I had people allow others to stay with them for a month or even longer. If roomie decides they don't want to leave, I could well be facing eviction as the only means to get them out - on someone who's not even on my lease.)

Wait - I see you can't get a police escort. Why? Did they give you a reason?

    Bookmark   January 14, 2010 at 9:19AM
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Because that address isn't on her ID, maybe? She has no proof she lives there.

    Bookmark   January 17, 2010 at 6:27PM
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If they are getting mail there,then that is proof enough that they live there...isn't it?

    Bookmark   March 9, 2010 at 9:30AM
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Not at all, it just means they're getting mail there. You can get mail delivered to you anywhere, such as a hotel, bar, work, etc. etc.

    Bookmark   March 10, 2010 at 4:40AM
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