Ex-girlfriend stole my apartment and later, all my possessions in it. Questions???

[Physix]

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

Ok, so in short, me and an ex-girlfriend broke up back in October. The apartment we lived in was mine (leased by me prior to her and I getting together), fully furnished by me, and she never had a job during the 6 months we lived there. After we broke up, she made up lies about me to get me arrested and to have an injunction allow her to steal my home from me. Since then, while the judge initially stated in court that I would be allowed to return to my apartment to retrieve my possessions, it was never included in the paperwork provided to me by the court. As such, police refused to escort me to the apartment until this was amended. The judge refused to amend it and informed me I had to take it to family court to get my possessions back. I later found out through the clerk of court that the judge was incorrect and I needed to actually file a replevin claim to get the possessions back. By the time the courts finally pointed me in the right direction, she was already evicted from my apartment and virtually all of my possessions "disappeared."

From what I had heard through the grapevines, she is claiming that she doesn't have any of my stuff. She claims she left it in the apartment when she left, which the property manager and evicting sheriff can confirm was a lie. Considering I have receipts and dozens of witnesses that can confirm I owned all possessions I am contesting prior to her and I being together, my concern is she has no job and as such, if she sold those things off, I don't see how I am going to get anything back in return. She stole my daughter's toys, including a motorized car, and it breaks my heart since I am now left broke and struggling to pay bills. Since this daughter was from my ex-wife and has nothing to do with this ex-girlfriend, it was purely malicious that she did this.

I really don't know what to do? The ex-girlfriend seems to think she somehow won possession of those items when I forfeited my right to go back to the apartment like the court stated I could. However, she saw my motion paperwork and knows there was an issue with the paperwork. I had no way to get my possessions because police refused to allow me without the court correcting the paperwork. I now feel as if I should be suing the court due to the fact that it is their fault I was not able to retrieve my possessions. However, I don't know if that's a case I could win without a lawyer, as I do not have the money to hire one because of all my ex-girlfriend put me through. Any advice or thoughts on the best way to approach this would be greatly appreciated. It was about $3800 in possessions total, a good portion of which was my daughters toys and other household items for her.

 

[OHRoadwarrior]

Apparently the only thing they could testify to, if they were inclined to do so, is that she removed items from the apartment upon eviction. Unless those items had large signs on them saying Property Of Physix, they are of little help. Further if you take her to small claims court, you must prove ownership of each item you claim, by receipt usually, and would only be entitled to the used value of such objects.You must also establish she had possession of it. In effect, it does sound like she got away with it.

 

[Physix]

Apparently the only thing they could testify to, if they were inclined to do so, is that she removed items from the apartment upon eviction. Unless those items had large signs on them saying Property Of Physix, they are of little help. Further if you take her to small claims court, you must prove ownership of each item you claim, by receipt usually, and would only be entitled to the used value of such objects.You must also establish she had possession of it. In effect, it does sound like she got away with it.

How is it legal for them to give her an apartment leased solely by me, allow her to take all of my possessions from that apartment, and for me to be able to do absolutely nothing about it? As far as establishing that she had possession of it, the fact that the injunction prevented me from ever retrieving the items proves that. Additionally, I have a DCF employee who checked up on her about a week or two prior to her moving out and it was still fully furnished then, so proving she had possession of all my items is fairly self-evident from the circumstances.

I'm just at a complete loss as to how our system can be such a failure that they would allow someone to rob you blind and do nothing in response.

 

[OHRoadwarrior]

Our system is not perfect by any stretch of the imagination. It has progressed to the point government agencies stumble over themselves and there are so many laws, even our various levels of law enforcement and courts have trouble keeping them straight. Add all the PC that has been injected over the past few decades and rarely is true justice achieved.

How is it legal for them to give her an apartment leased solely by me, allow her to take all of my possessions from that apartment, and for me to be able to do absolutely nothing about it? As far as establishing that she had possession of it, the fact that the injunction prevented me from ever retrieving the items proves that. Additionally, I have a DCF employee who checked up on her about a week or two prior to her moving out and it was still fully furnished then, so proving she had possession of all my items is fairly self-evident from the circumstances.

I'm just at a complete loss as to how our system can be such a failure that they would allow someone to rob you blind and do nothing in response.

 

[xylene]

This is going to sting:

Let it go.

Even if you are sure of the 3800 (which is contestable) it will cost you more than that in money and time.

AND, if she is broke, evicted, and near destitute... how and what will you collect?

 

[justalayman]

So apparently you did not inform your landlord of an address they were to send legal notices concerning your apartment? Unless something odd happened that you didn't speak of you were evicted as the lessee. Your girlfriend was evicted simply as a resident in your apartment.

While she may have been given possession of the apartment (until you took proper actions to regain possession) you continued to remain liable for the rent and such. The court does nothing regarding the actual lease.

But the court does not provide legal advice. It was your obligation to obtain legal counsel to point you in the correct direction. That is why what happened happened

If that $3800 is retail cost of the property lost, start with cutting that in half. You would be due the depreciated value of the property and most personal property a person has depreciates quite quickly.

I would worry more about that eviction on your record than the $1900 worth of stuff.

 

[Physix]

So apparently you did not inform your landlord of an address they were to send legal notices concerning your apartment? Unless something odd happened that you didn't speak of you were evicted as the lessee. Your girlfriend was evicted simply as a resident in your apartment.

While she may have been given possession of the apartment (until you took proper actions to regain possession) you continued to remain liable for the rent and such. The court does nothing regarding the actual lease.

But the court does not provide legal advice. It was your obligation to obtain legal counsel to point you in the correct direction. That is why what happened happened

If that $3800 is retail cost of the property lost, start with cutting that in half. You would be due the depreciated value of the property and most personal property a person has depreciates quite quickly.

I would worry more about that eviction on your record than the $1900 worth of stuff.

Long story as far as not being able to inform them of a new address, but I did sign off on an "intent to vacate" before the eviction process was started, so I'm hoping I can appeal the eviction in court.

As far as the eviction on my record, I am suing her in another case in addition to the replevin, which is taking into consideration rent costs, utilities, cost to contest the eviction, libel, slander, and much more. Considering I am going to the same courthouse that awarded her my apartment, they would have a hard time agreeing that she owes me the money for the rent after they were no longer allowing me to live at my apartment anymore. Guess I will see what happens.

As far as the money, like I stated in my previous response, I do know I won't get the full $3800. Just hoping to at least get something out of this. Who knows, maybe she did put the stuff into a storage space and maybe I will see it again. I'm hoping for something, but prepared (and expecting) nothing.

 

[justalayman]

Physix;3384207]Long story as far as not being able to inform them of a new address, but I did sign off on an "intent to vacate" before the eviction process was started, so I'm hoping I can appeal the eviction in court.

not a chance. You can't simply vacate the premises when it's your lease. Only if the apartment was actually vacated would it mean anything. With her remaining there, it was not. Your chance to dispute the eviction was when the court heard it and granted the landlord a right to evict.

As far as the eviction on my record, I am suing her in another case in addition to the replevin, which is taking into consideration rent costs, utilities, cost to contest the eviction, libel, slander, and much more.

but if you simply quit paying the rent, the eviction is entirely on you. You might have some claim to the rent you paid after you left..;Oh, you didn't pay any. but you might have a claim to the utilities you paid after you left...oh, same thing?

cost to contest the eviction; nope. You were the lessee and you did not fulfill your legal obligation so you were the cause of your eviction.

libel/slander seriously? and where would that come from?

Considering I am going to the same courthouse that awarded her my apartment,

they awarded her possession of the apartment. They did not do anything about the lease being reassigned. As to her remaining in the apartment, there are actions you could have taken but I suspect you thought walking away was the solution; big mistake.

they would have a hard time agreeing that she owes me the money for the rent after they were no longer allowing me to live at my apartment anymore

.sorry but the court said you couldn't live there, not the landlord. The court did not alter your lease and as such, your contractual obligations remained. Generally when you breach a lease you end up owing for the balance of the lease, or at least the losses incurred until it is re-rented. That's on you as well.

Guess I will see what happens.

not a lot of guessing from my perspective.

As far as the money, like I stated in my previous response, I do know I won't get the full $3800. Just hoping to at least get something out of this. Who knows, maybe she did put the stuff into a storage space and maybe I will see it again. I'm hoping for something, but prepared (and expecting) nothing.

that is a good position to start. At least you won't get less than you expect.

 

[Physix]

Made 2 replies that are taking forever to post, so I suppose I'll ask this and see if it goes through...

1) I have receipts confirming ownership of most the possessions I filed the replevin about. For the rest, I have dozens of witnesses willing to provide statements and contact information along with it (confirming I owned those possessions well before our relationship).

2) I have documentation from the court showing I was never allowed to return to my apartment to retrieve my possessions. Clearly, by very simple deduction, those possessions remained there with her.

3) I have an employee from DCF that can confirm my possessions were in there until at least 2 weeks prior to her being evicted.

4) I have dozens of pictures from the apartment showing the various possessions that had been in it.

5) I have a video that has a time-stamp consistent with the eviction date and time (sheriff as a witness) showing the apartment was empty upon the sheriff entering the premises to confirm she vacated. The video (and pictures) show the apartment was almost completely empty.

6) I filed a police report to have a record that the apartment had been cleared out.

7) I have the property manager who can verify that my possessions remained there until the ex-girlfriend vacated the apartment.

8) By connecting the very simple dots, clearly the ex-girlfriend, who made absolutely no financial contribution to the apartment (evidenced by having no job and no income), took my possessions.

With all of this supporting my case, what grounds would the court have to say that I shouldn't be given those possessions back?

 

[justalayman]

was she actually walked out of the apartment or had she left before the sheriff came to remove her.

 

[Physix]

was she actually walked out of the apartment or had she left before the sheriff came to remove her.

She left before the sheriff came to remove her. The property manager came to the apartment and met us, unlocked the door, and the sheriff verified she was no longer there.

 

[justalayman]

She left before the sheriff came to remove her. The property manager came to the apartment and met us, unlocked the door, and the sheriff verified she was no longer there.

So you violated the stay away order?

If the propert manager had not been to the apartment prior to your arrival you should have a decent shot at an order to return your property.

 

[Physix]

So you violated the stay away order?

If the propert manager had not been to the apartment prior to your arrival you should have a decent shot at an order to return your property.

No, I contacted the local police the day prior, got referred to the sheriff, explained the situation to the sheriff, and the sheriff made it clear so long as I went there with him, it would not be a violation of the injunction. Everything was in compliance with the injunction.

The property manager never stepped foot in the apartment prior to the eviction. The only way she knew the ex-girlfriend took all my possessions was that she was apprised of what was going on and noticed shortly before the eviction date that the apartment had been cleared out (looked in from the sliding back door). No one else had a key and all the staff at the apartment complex knew she was the one staying there. I kept them updated on my end. The only one who wasn't updated was me, when they claimed they were evicting *her* when, after all the paperwork was finished, I come to find out was actually filed against *me*.

 

[OHRoadwarrior]

So, your best case scenario is you get a judgment for used items at greatly discounted prices against a woman who is likely noncollectable anyway. I would not count on those items being returned or if they are in any kind of decent shape. Sometimes it is better to just walk away.

 

[Physix]

So, your best case scenario is you get a judgment for used items at greatly discounted prices against a woman who is likely noncollectable anyway. I would not count on those items being returned or if they are in any kind of decent shape. Sometimes it is better to just walk away.

Well like I said, since the court hearing isn't costing me anything, I would rather try and get nothing than to not bother and always wonder.

I just found out today that she has somehow managed to get her own apartment and her own vehicle. I'm assuming she must have a job or the online pornography pays better than I thought. Either way, seems like she has assets now that they can tap into. That combined with the fact that I have both receipts and tons of witnesses willing to verify I had all those possessions prior to being with her, I think my chances of at least getting something back is looking much better.