Ex-Roommate Problems

[s.anderson33]

What is the name of your state (only U.S. law)? Oklahoma

Me and 2 other ladies signed a lease agreement in November 2013 for one year lease on a 3 bedroom 2 bath house for $800 in rent due every 25th of each month. My roommate Shelby and I have paid our parts of the rent and bills since day 1, yet Kalyn (the other roommate) has not and I have had to pay her part of a lot of the bills and some rent. She has been moved out for 2 months now (since the middle end of April) and I have that stated by her in text messages, with her belongings still in the house. Met with the land lord yesterday and she has gotten completely out of the lease as of yesterday 6/30 and a new one has been written and signed by just Shelby and myself. She did not pay last months rent nor bills. Am I legally aloud to keep her belongings in our house that she no longer has her name on the agreement. I have called the police station and they stated that I was not able to call in for trespassing on her if she uses her key to enter our house after yesterday with her name not being on the lease anymore. I am asking if I will be able to legally do something to see any the money Kalyn owes me for rent and bills?

 

[Just Blue]

What is the name of your state (only U.S. law)? Oklahoma

Me and 2 other ladies signed a lease agreement in November 2013 for one year lease on a 3 bedroom 2 bath house for $800 in rent due every 25th of each month. My roommate Shelby and I have paid our parts of the rent and bills since day 1, yet Kalyn (the other roommate) has not and I have had to pay her part of a lot of the bills and some rent. She has been moved out for 2 months now (since the middle end of April) and I have that stated by her in text messages, with her belongings still in the house. Met with the land lord yesterday and she has gotten completely out of the lease as of yesterday 6/30 and a new one has been written and signed by just Shelby and myself. She did not pay last months rent nor bills. Am I legally aloud to keep her belongings in our house that she no longer has her name on the agreement. I have called the police station and they stated that I was not able to call in for trespassing on her if she uses her key to enter our house after yesterday with her name not being on the lease anymore. I am asking if I will be able to legally do something to see any the money Kalyn owes me for rent and bills?

I would suggest you NOT hold her personal property "hostage" to get your money. I would advise you to file a case in small claime court for at least a portion of the rent and utilities owed.

Things are different in Mass (my State) so spend some time trying to get a consult with an attorney today.

Good luck.
Blue

 

[s.anderson33]

Thank you very much!! I am not doing anything without consulting with an attorney first. She has been moved out for over 2 months now but she has still been on the lease. She up and left one day and has not been back since, therefore all her stuff stayed in the house. She was taken off the lease with nothing to pay for the remainder of the lease yesterday yet still never paid for the month of June that she was still on the lease for. The locks have been changed today so she cannot step foot in the house without one of the two of us left on the lease being present. Not holding her things "hostage" or anything I am just trying to weigh my options on how to get the money she owes me back. In Oklahoma I do believe, if I have researched this right, possession is 9/10th of the law and Oklahoma has the law. If it is 120 days past without her coming and getting her stuff, from the day she moved out and I sent her a text/written letter to come and get her belongings, then they are legally whoever wants to claim them or send them to county to be taken care of. I am trying to figure out how this is all going to plan out. Friends are not friends when they use and abuse you knowing they can, LESSON WELL LEARNED!!

 

[Zigner]

In other words, you (and the LL) have participated in an illegal lockout.

 

[Just Blue]

Thank you very much!! I am not doing anything without consulting with an attorney first. She has been moved out for over 2 months now but she has still been on the lease. She up and left one day and has not been back since, therefore all her stuff stayed in the house. She was taken off the lease with nothing to pay for the remainder of the lease yesterday yet still never paid for the month of June that she was still on the lease for. The locks have been changed today so she cannot step foot in the house without one of the two of us left on the lease being present. Not holding her things "hostage" or anything I am just trying to weigh my options on how to get the money she owes me back. In Oklahoma I do believe, if I have researched this right, possession is 9/10th of the law and Oklahoma has the law. If it is 120 days past without her coming and getting her stuff, from the day she moved out and I sent her a text/written letter to come and get her belongings, then they are legally whoever wants to claim them or send them to county to be taken care of. I am trying to figure out how this is all going to plan out. Friends are not friends when they use and abuse you knowing they can, LESSON WELL LEARNED!!

You are not going to "like" what happens to you in court. Go to an Attorney TODAY.

 

[BL]

You find out ,maybe through the landlord about abandoned property ,laws ,or what to do with left behind property.

Generall you can NOT keep it to try to insure past payment's.

You and your roommate would have to sue in small claims .

Be greatful the dead beat is gone and move forward. It appears the 2 of you can afford to.

 

[s.anderson33]

But how is it illegal if it is our house and she is not on the lease? We changed the lock (approved through our landlord) so she could not get in the house without us being present is all, because we know that she will mess with our stuff and personal items. We know that for a fact because she has done it to previous roommates of hers. We are not keeping her stuff from her, she has not made an attempt to come and get it. We aren't holding it for ransom she's just waiting for both of us to leave at the same time because she will not face us in person. We have given her no reason to do what she has done and told her to come and get her stuff yet she still hasn't. We gave her another chance at renting a house. She was evicted from her last house, back in November 2013, after 3 months of not paying rent and taking her old roommates money and going on a shopping spree. I just do not know what to do and we are not giving her a chance to be in our home with no one else present.

 

[Zigner]

But how is it illegal if it is our house and she is not on the lease? We changed the lock (approved through our landlord) so she could not get in the house without us being present is all, because we know that she will mess with our stuff and personal items. We know that for a fact because she has done it to previous roommates of hers. We are not keeping her stuff from her, she has not made an attempt to come and get it. We aren't holding it for ransom she's just waiting for both of us to leave at the same time because she will not face us in person. We have given her no reason to do what she has done and told her to come and get her stuff yet she still hasn't. We gave her another chance at renting a house. She was evicted from her last house, back in November 2013, after 3 months of not paying rent and taking her old roommates money and going on a shopping spree. I just do not know what to do and we are not giving her a chance to be in our home with no one else present.

Oh, I misunderstood. I didn't realize that she had agreed to be removed from the lease...

But, she didn't, did she?

 

[s.anderson33]

Yes, she had agreed to be released from the lease with no obligations. The landlord was tired as well about her financial issues and just stated it was easier if she was just let go and not expected to pay her 1/3 rent because she never had it anyway. Did what we could to not be evicted for the other two of us still living there!! It has been, at this time today, three days since she has been taken off our lease and her stuff is still in our house which her name is not on anymore. She is waiting for us both to be gone for her to show up, plus she has threatened us and stated her sister would take care of us. She is ignorant and is just going to end up paying what she owes anyway because of her running her mouth and trying to fight, like its the adult thing to do in this situation.

 

[Mark Maroon]

Yes, she had agreed to be released from the lease with no obligations. The landlord was tired as well about her financial issues and just stated it was easier if she was just let go and not expected to pay her 1/3 rent because she never had it anyway. Did what we could to not be evicted for the other two of us still living there!! It has been, at this time today, three days since she has been taken off our lease and her stuff is still in our house which her name is not on anymore. She is waiting for us both to be gone for her to show up, plus she has threatened us and stated her sister would take care of us. She is ignorant and is just going to end up paying what she owes anyway because of her running her mouth and trying to fight, like its the adult thing to do in this situation.

If you want some random person's opinion, here it is:

Since she agreed not to be on the lease, and the landlord agreed to change the lock, I think that she has no legal right to enter the apartment any more on her own. In other words, she can't "break and enter" the apartment just because she has some stuff there.

However, I don't believe that you can legally hold her possessions from her. So if she came over and she asked to come in and get her stuff, then I think legally you would have to let her do that.

Finally, if instead you hold her stuff hostage and tell her that she can come over and get it only if she brings you whatever you believe she owes you (in cash), then I think that she could sue you to regain possession of her stuff. But I think in response you could counterclaim against her for the money that you think she owes you. How the court might rule would depend on the evidence that you have as to what she owes you and how you and she present your respective positions to the court.

 

[Ladyback1]

Thank you very much!! I am not doing anything without consulting with an attorney first. She has been moved out for over 2 months now but she has still been on the lease. She up and left one day and has not been back since, therefore all her stuff stayed in the house. She was taken off the lease with nothing to pay for the remainder of the lease yesterday yet still never paid for the month of June that she was still on the lease for. The locks have been changed today so she cannot step foot in the house without one of the two of us left on the lease being present. Not holding her things "hostage" or anything I am just trying to weigh my options on how to get the money she owes me back. In Oklahoma I do believe, if I have researched this right, possession is 9/10th of the law and Oklahoma has the law. If it is 120 days past without her coming and getting her stuff, from the day she moved out and I sent her a text/written letter to come and get her belongings, then they are legally whoever wants to claim them or send them to county to be taken care of. I am trying to figure out how this is all going to plan out. Friends are not friends when they use and abuse you knowing they can, LESSON WELL LEARNED!!

No, do not text her.
You need to send a letter, certified, return receipt. Advise her that you have her belongings. Advise her that she has xxx days to retrieve the belongings, and that she will need to schedule a time to come and retrieve her belongings.
I'd give her at least 30 days, probably more likely I'd give her 60 days (with an explanation of "you left the apt. in April, and as of the date of this letter, have not made an attempt to retrieve belongings. As of (whatever date), the belongings will have been unclaimed for 120 days. Advise at the end of that time, if her belongings have not been retrieved, you will consider the items abandoned property and proceed according to Oklahoma state laws regarding abandoned property.

Pain in the hiney? You bet. However, by doing things this way, you will have a "paper trail" to document that you did indeed attempt to return her possessions to her.
Not a perfect solution by any means, however, it may be the best you have!

 

[Mark Maroon]

No, do not text her.
You need to send a letter, certified, return receipt. Advise her that you have her belongings. Advise her that she has xxx days to retrieve the belongings, and that she will need to schedule a time to come and retrieve her belongings.
I'd give her at least 30 days, probably more likely I'd give her 60 days (with an explanation of "you left the apt. in April, and as of the date of this letter, have not made an attempt to retrieve belongings. As of (whatever date), the belongings will have been unclaimed for 120 days. Advise at the end of that time, if her belongings have not been retrieved, you will consider the items abandoned property and proceed according to Oklahoma state laws regarding abandoned property.

Pain in the hiney? You bet. However, by doing things this way, you will have a "paper trail" to document that you did indeed attempt to return her possessions to her.
Not a perfect solution by any means, however, it may be the best you have!

I agree 100%.

 

[s.anderson33]

I want to thank everybody the opinions and great advice. I am not withholding her belongings by no means. When she wants to come get them, one of us will have to be home and present in order for her to enter the house. I did send a letter the day after I had sent a text message to her stating that she needed to come get her things out of the house since she had been moved out. I have all the receipts showing what I had paid and how much everything was (checks and cash) as well as all her text messages and voicemails from her stating she did not have the money and that she would try and get it to me asap or she would pay be back at a later date. Also, about my roommate and myself loaning her money and her stating in writing she would pay it back within a certain amount of time and never has. I knew how she was previously with her finances and this is why I made her sign a lot of stuff stating what would and would not happen. I have contacted the police as well as county and they state that this is a civil matter and they cannot do anything about it and that she still has rights to get her stuff no matter if we are there or not. I do not think that is right and no matter what I will fight it. I am not letting someone who is not legally on my lease, not to mention being a shady person, around my belongings. I have tried to keep this whole situation as mature as possible but I cannot stand ignorance, she does everything that she does expecting others around her to cater to her and do what she says and when they don't she goes on a rampage. Again, I am very thankful for everybody's comments and opinions with this whole situation!!! KARMA WILL CATCH UP!!!

 

[s.anderson33]

No, do not text her.
You need to send a letter, certified, return receipt. Advise her that you have her belongings. Advise her that she has xxx days to retrieve the belongings, and that she will need to schedule a time to come and retrieve her belongings.
I'd give her at least 30 days, probably more likely I'd give her 60 days (with an explanation of "you left the apt. in April, and as of the date of this letter, have not made an attempt to retrieve belongings. As of (whatever date), the belongings will have been unclaimed for 120 days. Advise at the end of that time, if her belongings have not been retrieved, you will consider the items abandoned property and proceed according to Oklahoma state laws regarding abandoned property.

Pain in the hiney? You bet. However, by doing things this way, you will have a "paper trail" to document that you did indeed attempt to return her possessions to her.
Not a perfect solution by any means, however, it may be the best you have!

I did send a written letter but it did not have a certain amount of days she had, just stated if she was not coming back into this house then we needed to speak with the landlord ASAP and for her to get her belongings.

 

[Silverplum]

I want to thank everybody the opinions and great advice. I am not withholding her belongings by no means. When she wants to come get them, one of us will have to be home and present in order for her to enter the house. I did send a letter the day after I had sent a text message to her stating that she needed to come get her things out of the house since she had been moved out. I have all the receipts showing what I had paid and how much everything was (checks and cash) as well as all her text messages and voicemails from her stating she did not have the money and that she would try and get it to me asap or she would pay be back at a later date. Also, about my roommate and myself loaning her money and her stating in writing she would pay it back within a certain amount of time and never has. I knew how she was previously with her finances and this is why I made her sign a lot of stuff stating what would and would not happen. I have contacted the police as well as county and they state that this is a civil matter and they cannot do anything about it and that she still has rights to get her stuff no matter if we are there or not. I do not think that is right and no matter what I will fight it. I am not letting someone who is not legally on my lease, not to mention being a shady person, around my belongings. I have tried to keep this whole situation as mature as possible but I cannot stand ignorance, she does everything that she does expecting others around her to cater to her and do what she says and when they don't she goes on a rampage. Again, I am very thankful for everybody's comments and opinions with this whole situation!!! KARMA WILL CATCH UP!!!

It's not "ignorance." That's just a word your generation uses like candy.