stolen property

This is a discussion on stolen property within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; So my boyfriend was renting a place with a friend and the landlord (who does not have a license to ...

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Old Sep 14th, 2009, 08:08 PM   #1
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Confused stolen property

So my boyfriend was renting a place with a friend and the landlord (who does not have a license to rent) had taken some of my property as collateral because my boyfriend still owes her one month of rent. Keep in mind that I never lived there and they are refusing to give my stuff back untill they see the rent money. This I was told is theft and I have filed a police report what are my legal actions to take from here?
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Old Sep 14th, 2009, 09:23 PM   #2
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Default Re: stolen property

Your option is to sue your BF. He is the one who gave the items to the LL for collateral. The LL didn't break in and steal these items. Your BF gave them to him. The only theft is from your BF. The LL received these items in good faith and had no knowledge that they did not belong to your BF.
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Old Sep 14th, 2009, 09:35 PM   #3
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No my bf never gave them any permission to take my stuff, he went back to the house to do a final move and when he looked for my property that was over there it was gone. He was notified by the roommate stating we will not get these items back till the rent is paid, which has nothing to do with me therefore they can't take my stuff as collateral. Plus this old roommate of his has a personal vendetta against me.
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Old Sep 14th, 2009, 09:39 PM   #4
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the LL knows that these items belong to me and I had sent her a message stating that I want my items back otherwise I will take legal action against her. What are the legal boundaries here for her to do this, can I sue?
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Old Sep 14th, 2009, 11:10 PM   #5
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Did the LL enter the unit without notice?(possible) Or was it the roommate who has a vendetta against you that allowed the LL in and gave the LL your stuff? (more likely!) If the roommate gave the LL these items, you need to sue the roommate. Ask the LL how they got these things. Are you sure he even has them? Or did the roommate take them?
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Old Sep 15th, 2009, 07:39 AM   #6
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Default Re: stolen property

I agree until you know who gave LL your belongings to secure this debt you do not know who to sue. Calling Police wont do much as they will consider this a Civil matter not criminal
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Old Sep 15th, 2009, 11:13 AM   #7
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Default Re: stolen property

A landlord cannot take possessions as collateral for payment. That is considered stealing.

It's unclear how or why your possessions were in the dwelling if you did not live there and name was not on the lease, but your boyfriend can sue the landlord in small claims court for the return of those possessions the landlord stole.

Further, if the landlord does not have a Certificate of Occupancy, he may not be able to collect the rent at all.
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Old Sep 15th, 2009, 01:39 PM   #8
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The LL didn't take them. The poster has stated that the roommate gave these things to the LL. He offered them to the LL as collateral.

I would advise the LL that these items were not the roommates to offer and demand their return.
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