Roommate not on lease's belongings witheld by lease holder

[jaseone]

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

Am after a little advice to be able to help out a friend legally so I'm hoping someone here can help! Situation is that my friend was staying with someone in an apartment within a large complex without being on the lease. Am not sure how things transpired exactly but the situation is now that the room mate changed the locks on the apartment, changed her phone number and refuses to give my friend her belongings plus also her dog that she is supposedly mistreating.

What would be the best way to legally resolve this situation in the quickest time possible? I'm an Australian citizen working here under a Visa so know little of the laws over here so any advice y'all can give would be much appreciated!

 

[Cvillecpm]

Meet the police at the apt, arrange for movers to move her furniture if there is any or boxes/trash bags for her belongings...TAKE THE DOG WITH HER

 

[jaseone]

I thought the police wouldn't be interested in a civil matter though or does the issue with the dog affect things? Just re-read my post and it may have not have been clear my friend is the one that wasn't on the lease and now the lease holder has locked her out.

 

[Who's Liable?]

I thought the police wouldn't be interested in a civil matter though or does the issue with the dog affect things? Just re-read my post and it may have not have been clear my friend is the one that wasn't on the lease and now the lease holder has locked her out.

It's called "theft"

 

[jaseone]

HPD say they won't intervene as it is a civil matter, she tried several times with different angles as well. I guess they are just too busy issuing moving violations to deal with it!

 

[Cvillecpm]

Dudah!!! The police are there to KEEP THE PEACE...ask for an officer assistance to "stand by" while she removes her things QUICKLY. She does NOT want there to be a problem with HOSTILE ROOMMATE....not rocket science 2X

 

[jaseone]

Well it seems simple like that to me as well but then again would the police be able to force entry in such a situation without a warrant or anything?

 

[FarmerJ]

They wont force a entry what they might do is tell the person who has locked the other out that locking some one out is illegal and refusing to let them get there things could earn them a theft charge. If the party who locked the other one out still denies access your friend should think about filing a illegal lock out report and theft report with the police. Then your friend needs to send a confirmed mail delivery letter demanding access to the property being held with in the next 3 to 5 days and if the other party still refuses then sue the other person in small claims court for what ever the state allows for penalty for illegal lock out and the value of the items , Check your states statutes to see if this term applies > conversion
n. a civil wrong (tort) in which one converts another's property to his/her own use, which is a fancy way of saying "steals." Conversion includes treating another's goods as one's own, holding onto such property which accidentally comes into the convertor's (taker's) hands, or purposely giving the impression the assets belong to him/her. This gives the true owner the right to sue for his/her own property or the value and loss of use of it, as well as going to law enforcement authorities since conversion usually includes the crime of theft.

law.com Law Dictionary
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