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Evited and landlord refused to return belongings...

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KatB

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

This site have been very helpful to all my questions. This time, I would like to ask a question for my aunt and uncle (my mom's brother).

Unfortunately, their house foreclosed and they moved into an apartment. They signed a 1 year lease. My aunt was recently laid off and they couldn't afford to pay the rent. It past due for 15 days. On the 15th day, they came home and the lock was changed and all their stuff were missing. The apartment was completely empty when they came home that night. The landlord had moved all their stuff out and throw some in the big trash can and kept some in storage. My mom and brothers went and helped them dug out some of their stuff from the trash can but a lot of their furniture were missing because some of the neighbors took the items when it was thrown in the trash can.

My mom went and demanded for them to find the couch. They opened one of their storage and the couch was inside but the cushions were gone. They asked if my uncle still wants the couch with no cushions. My uncle said yes and he will come tomorrow to pick up the couch. The next day when my uncle went back with a truck, the cushions were placed back neatly with the couch. All of my aunt's jewelry that her mother pass down to her were all gone as well.

They paid the 15 days that they stayed in the apartment and request that the landlord return all of their stuff. The landlord refuse and said if they want their stuff back, they will have to pay 1,300 storage fee before they can get all their stuff back.

Please shed some advice on what they should do.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

This site have been very helpful to all my questions. This time, I would like to ask a question for my aunt and uncle (my mom's brother).

Unfortunately, their house foreclosed and they moved into an apartment. They signed a 1 year lease. My aunt was recently laid off and they couldn't afford to pay the rent. It past due for 15 days. On the 15th day, they came home and the lock was changed and all their stuff were missing. The apartment was completely empty when they came home that night. The landlord had moved all their stuff out and throw some in the big trash can and kept some in storage. My mom and brothers went and helped them dug out some of their stuff from the trash can but a lot of their furniture were missing because some of the neighbors took the items when it was thrown in the trash can.

My mom went and demanded for them to find the couch. They opened one of their storage and the couch was inside but the cushions were gone. They asked if my uncle still wants the couch with no cushions. My uncle said yes and he will come tomorrow to pick up the couch. The next day when my uncle went back with a truck, the cushions were placed back neatly with the couch. All of my aunt's jewelry that her mother pass down to her were all gone as well.

They paid the 15 days that they stayed in the apartment and request that the landlord return all of their stuff. The landlord refuse and said if they want their stuff back, they will have to pay 1,300 storage fee before they can get all their stuff back.

Please shed some advice on what they should do.
Tell them to look in the phone book (etc) for a tenant's rights attorney. They should call around and explain what's happened.
 

Who's Liable?

Senior Member
Immediately file a theft report, as well as a breaking and entering.

A LL CANNOT enter WITHOUT proper notice and CANNOT remove a tenant WITHOUT a court order.
 

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