Roommate is an ahole for stealing

[Muy808]

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

I have had a burglary incident recently and filed a police statement. Which has finally lead up to this. I have been dealing with previous issues with my roommate and all my leasing manager could say was that his lease was ending.

My roommate was moving out of the apartment while I was at work and called the cops saying my stuff was stolen. The cop said he couldn't do anything till I came home. The report showed no form of breaking in and all signs point towards my roommate. All I could do is allege him and put him down as the suspect. I have documents informing our leasing manager this would happen months ago, because of negating issues I had with my roommate. He didn't live there for two months. Just paying rent to the leasing office and sleeping elsewhere.

Close to $800 plus of my stuff is now gone. Can I form a lawsuit against my landlord for not listening to me? Or should I file a small claims against my exroommate?

 

[Proserpina]

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

I have had a burglary incident recently and filed a police statement. Which has finally lead up to this. I have been dealing with previous issues with my roommate and all my leasing manager could say was that his lease was ending.

My roommate was moving out of the apartment while I was at work and called the cops saying my stuff was stolen. The cop said he couldn't do anything till I came home. The report showed no form of breaking in and all signs point towards my roommate. All I could do is allege him and put him down as the suspect. I have documents informing our leasing manager this would happen months ago, because of negating issues I had with my roommate. He didn't live there for two months. Just paying rent to the leasing office and sleeping elsewhere.

Close to $800 plus of my stuff is now gone. Can I form a lawsuit against my landlord for not listening to me? Or should I file a small claims against my exroommate?

If you can explain why it's the landlord's fault that your stuff was allegedly stolen (but no proof of anything) sure, you'd be all set.

Sue the bad guy. If you have no proof though, you're going to have a hard time winning any sort of suit. Don't forget that getting the judgment is the easy part - collecting it is likely going to be a nightmare.

I get where you're coming from - and it's SO frustrating. But without any proof of wrongdoing I think you're going to be stuck.

ETA: and this is why it's important to read the post hx, people .

 

[Muy808]

If you can explain why it's the landlord's fault that your stuff was allegedly stolen (but no proof of anything) sure, you'd be all set.

Sue the bad guy. If you have no proof though, you're going to have a hard time winning any sort of suit. Don't forget that getting the judgment is the easy part - collecting it is likely going to be a nightmare.

I get where you're coming from - and it's SO frustrating. But without any proof of wrongdoing I think you're going to be stuck.

ETA: and this is why it's important to read the post hx, people .

Actually...thanks for replying btw
-I have pictures of what has been happening.
-My roommate abandoned his cats and left them malnourished and out to defecate in his room. (Left 2 months ago)(emails w/ leasing manager start)
-Numerous witnesses. Including the previous cat owner herself came and cleaned the cats feces recently.
-I have emails and documents of conversation between our leasing manager describing how bad my roommate was. I indicated to her that stuff would eventually go missing.

All I am waiting for is a copy of the police report so I can use that the cop's report to indicate that nothing matches up about the burglary.
None of his stuff went missing by the way.

 

[Proserpina]

Actually...thanks for replying btw
-I have pictures of what has been happening.

Pictures cannot prove who was responsible though - that's a big problem.

-My roommate abandoned his cats and left them malnourished and out to defecate in his room. (Left 2 months ago)(emails w/ leasing manager start)
-Numerous witnesses. Including the previous cat owner herself came and cleaned the cats feces recently.

Nasty (oh trust me I know), but not actionable in and of itself (to you anyway)

-I have emails and documents of conversation between our leasing manager describing how bad my roommate was. I indicated to her that stuff would eventually go missing.

Right, but again it doesn't actually prove anything other than you had a conversation.

All I am waiting for is a copy of the police report so I can use that the cop's report to indicate that nothing matches up about the burglary.
None of his stuff went missing by the way.

The problem is that anyone can file a police report. Some do it out of pure spite (come and read the family law sections of the forum... ) , some do it because they think it automatically turns the person into a criminal and all sorts of things. What you need, really, is a conviction.

I completely get your point, and I'd also be sick of the situation. I just don't see how any of this is going to help you in the legal sense. When all is said and done, you're looking at a small claims situation which is "iffy" at best.

Maybe someone else has some ideas.