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Possible theft and unauthorized entry

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Number21

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

I leased a commercial warehouse for my business in October. The previous tenant had until Oct. 10 to be moved out. On the 11th, he still had things to move. I tried to be nice and said it was OK for him to take a few more days. Over the next almost 3 months, I have got a bunch of excuses from him. I agreed to meet him more than once so he could get his stuff and he didn't show up.

Christmas eve I get a voicemail out of the blue. He let himself into my warehouse, and he wants to know why there is a padlock on the roll up door. He can't open it to get his forklift out. He had no authorization to be inside the building. I didn't call him back because it was Christmas and I'm taking a vacation. I don't owe him anything.

Today I get another rude voicemail. Apparently he needs his forklift in a hurry. (all the sudden, after almost 3 months without it) I was asleep because I work at night. Less than an hour later I get another message, "I can't wait, I'm cutting the lock". And that's exactly what he did, he cut off the lock and stole it.

I called the police and made a report. They aren't quite sure what to make of the situation. There are two separate issues here, unauthorized entry, and unauthorized removal of property. Is this not flat out trespassing and/or breaking and entering? He had a key for the front door but should not have used it.

The forklift is his so he didn't technically steal it. He abandoned it almost 90 days ago in my warehouse. I'm not sure when, if ever, it becomes mine, or I can start charging storage fees? I did not give him any official notices to remove the property, but I didn't give him permission to leave it that long either. The value of the property is about $3,500.

The owner of the building is very old and does not want to be involved. I gave the previous tenant a few days extension, not the landlord. Anything I want to do on this matter the landlord will agree with, I am resolving the issue for him.

Don't get the wrong idea, I am not trying to keep his things. If he would have just asked nicely, and made an appointment with me I would have had no problem giving it back. Now I am extremely angry and I want to press anything I can press. I may get a lawyer involved, I'm just curious what you guys think...
 
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Number21

Member
Breaking and entering comes to mind.
That's what I thought, but the cops didn't. They wouldn't even come out, I talked on the phone with them for about 15 minutes. He did say he wants to talk it over with some others because he wasn't quite sure what the crime was. I'm going to call back tomorrow and specifically ask why it isn't breaking and entering and/or trespassing.
 

Number21

Member
This is what I find on Oregon law:
164.245
Criminal trespass in the second degree
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.
(2) Criminal trespass in the second degree is a Class C misdemeanor.
Isn't he guilty of that at the very least?
 
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