What is the name of your state (only U.S. law)? Pennsylvania
My brother just died. We went to his apartment to remove his person belongings. We do not have power of attorney or any legal authority I am just the next of kin (i am his only surviving direct sibling, mother father deceased). Step mother is alive and there. He was 50 years old and his father remarried when he was 40 or so, so she did not "raise him." His father paid his share of the small part of the rent sometimes.
Anyway, we entered the apartment with the landlord and he immediately stared demanding money or pieces of furniture as payment or "damages" from my brothers smoking. He was allowed to smoke and the landlord knew he did, he was in the apartment many times. He was looking through his personal effects, desk and other places looking for god know what probably money.
He told us we could not remove a single item till he was "compensated" for his loss and cost of repairs. He was paid a $200 deposit my bother. My brother was on section 8 housing assistance and SSI for a disability. The landlord was paid a small amount by my brother but the sate/government paid him the rest (we do not know how much). He said the deposit was not enough to cover the repairs and damned $750 to let us remove my brothers affects.
He refused to show us the lease and kept threatening to call his lawyer which we told him to do and show us the lease. He said if he left we would remove all the stuff and leave before he got back. We finally relented and paid him and we removed all the items form the apartment. We forced him to right a note saying that we were giving him $750 and would leave him with an empty apartment.
We left him the keys and he said that his handshake was all he needed for that. I did not like it but he did not want to sing anything for the keys.
The real question is was he legally allowed to extort money from us for damages for something he allowed (the smoking)?
Were we legally liable for what my brother did to his apartment?
Was he allowed to prevent us from removing things without paying him?
This to me is extortion and illegal. What can I do?
I am going to call the section 8 housing authority and see whey they can do. We agreed to this extortion only because were on a tight time frame (we only had that day) but the rent was paid up till the end of march! We gave him the keys on 2/28/15 so he got a free months rent!
Beth
My brother just died. We went to his apartment to remove his person belongings. We do not have power of attorney or any legal authority I am just the next of kin (i am his only surviving direct sibling, mother father deceased). Step mother is alive and there. He was 50 years old and his father remarried when he was 40 or so, so she did not "raise him." His father paid his share of the small part of the rent sometimes.
Anyway, we entered the apartment with the landlord and he immediately stared demanding money or pieces of furniture as payment or "damages" from my brothers smoking. He was allowed to smoke and the landlord knew he did, he was in the apartment many times. He was looking through his personal effects, desk and other places looking for god know what probably money.
He told us we could not remove a single item till he was "compensated" for his loss and cost of repairs. He was paid a $200 deposit my bother. My brother was on section 8 housing assistance and SSI for a disability. The landlord was paid a small amount by my brother but the sate/government paid him the rest (we do not know how much). He said the deposit was not enough to cover the repairs and damned $750 to let us remove my brothers affects.
He refused to show us the lease and kept threatening to call his lawyer which we told him to do and show us the lease. He said if he left we would remove all the stuff and leave before he got back. We finally relented and paid him and we removed all the items form the apartment. We forced him to right a note saying that we were giving him $750 and would leave him with an empty apartment.
We left him the keys and he said that his handshake was all he needed for that. I did not like it but he did not want to sing anything for the keys.
The real question is was he legally allowed to extort money from us for damages for something he allowed (the smoking)?
Were we legally liable for what my brother did to his apartment?
Was he allowed to prevent us from removing things without paying him?
This to me is extortion and illegal. What can I do?
I am going to call the section 8 housing authority and see whey they can do. We agreed to this extortion only because were on a tight time frame (we only had that day) but the rent was paid up till the end of march! We gave him the keys on 2/28/15 so he got a free months rent!
Beth