Is there a statute of limitations on this?

[SeraTuki]

What is the name of your state (only U.S. law)? Georgia. However I was in MA at the time.

Hello and thank you for taking the time to read and reply. I just hope I can keep all the facts straight so no one gets confused. I was living in Massachusetts 2 years ago, with an ex boyfriend (we were simply room mates at that point, different bedrooms and all.) We lived in a condominimum that belonged to my mother.

We each paid half of the rent and utilities. I am on Supplimental Security Income so I also purchased most of the food.

The summer 2 years ago, I took a trip to Alabama to visit friends. After about 2 weeks I decided to stay longer and so I called my room mate to tell him, asking him to take care of my cats for me ( I had 4 cats)

He agreed.
2 weeks later I recieved an email from my mother who was also my landlord, saying that she had gone into the apartment when my roommate had over flowed the toilet and flooded the bathroom and hallway. Apparently she found that while he was staying there and eating meal there, he was not taking care of the house.

The cats litterboxes had not been cleaned in the month I had been gone, so I am sure you can imagine the amount of damage that they did to the condo.
At that time, my mother decided that she was going to sell the condo. I was still in AL at this point, waiting for my room mate to mail me my disability check so I could fly home.

I spoke several times in email with both my mother and my room mate telling them that I had to wait for the $$ so I could fly home.
During this, Apparently my room mate allowed my mother (the landlord) into the apartment, where she and several other family members took whatever belongings of mine that they wanted.

I was never served with eviction notices or anything of the sort, but because I was so far away, I could not stop her from doing what she chose to do.
She has since sold the condo and I've gotten settled in a different state, (GA)

My question is, who, if anyone, is liable for my belongings? I had originally thought it was the landlord, but then, because my roommate allowed her in to remove my things, is he the one responsible for it ultimately?

Also, is there a statute of limitations on this? I expect there might be, but I want to be sure...I just want someone to be held responsible for the fact that I lost all my belongings when I was in another state and unable to stop them

Thanks.

Sara

 

[OHRoadwarrior]

Your mother had a key, he didn't let her do anything. You could have filed a police report and pressed charges against mom. She obviously took the position you abandoned the property. I assume since you did not have any money, you also did not pay your rent. Did you expect mom to wait for you to decide to be responsible and deal with your business? You were gone for over a month. She sold the property, you never claimed your belongings. How can you expect her to give you a thirty day notice when you have already gone.

 

[SeraTuki]

Ok first, she did not have a key to the condo. My roommate let her in every time she came over.
Secondly, since I had been in contact with both her, and my room mate through my entire time being away from home, how exactly does the fact that I wasnt home mean I abandoned my home or belongings?
and third, I had been current for rent every month before then and paid up for before I left through that month.

 

[HomeGuru]

Ok first, she did not have a key to the condo. My roommate let her in every time she came over.
Secondly, since I had been in contact with both her, and my room mate through my entire time being away from home, how exactly does the fact that I wasnt home mean I abandoned my home or belongings?
and third, I had been current for rent every month before then and paid up for before I left through that month.

**A: so what do you want?

 

[SeraTuki]

I believe I made that clear in my original post, but perhaps I need to clarify yet again. I want to know who is responsible for the fact that my belongings were given away, is it my roommate or my landlord?
Also, is there a limitation on when I can bring charges against whichever party IS the responsible party?

 

[Banned_Princess]

can you even prove what was taken? what was the actual value of the items? how long ago was this? could you go back and sue her?

of course roommate let her in, she is the landlord.

 

[HomeGuru]

I believe I made that clear in my original post, but perhaps I need to clarify yet again. I want to know who is responsible for the fact that my belongings were given away, is it my roommate or my landlord?
Also, is there a limitation on when I can bring charges against whichever party IS the responsible party?

**A: your post was too long and filled with irrelevant stuff so I did not read it. Who gave your things away? That is who you should sue. And yes there is a SOL so file your lawsuit of you will be SOL.

 

[SeraTuki]

can you even prove what was taken? what was the actual value of the items? how long ago was this? could you go back and sue her?

of course roommate let her in, she is the landlord.

Yes, I can prove what was taken, considering everything was taken. Both my ex roommate and my mother agree that they should not have let things go down the way that they did,
but they are pointing the finger at each other. LL saying its the ex room mate's fault since he was the legal resident, and ex roommate saying it was the LL's fault because "I couldnt stop her if she wanted to take your stuff."
Thats why I wonder who is really responsible since they both seem to be blaming each other.

 

[HomeGuru]

Yes, I can prove what was taken, considering everything was taken. Both my ex roommate and my mother agree that they should not have let things go down the way that they did,
but they are pointing the finger at each other. LL saying its the ex room mate's fault since he was the legal resident, and ex roommate saying it was the LL's fault because "I couldnt stop her if she wanted to take your stuff."
Thats why I wonder who is really responsible since they both seem to be blaming each other.

**A: so you sue them both ok. Do you want to sue your own mother? Why did you wait 2 years to even bring this up?

 

[Antigone*]

How long did you stay away?

 

[SeraTuki]

How long did you stay away?

I had been gone for 2 weeks when the LL began removing my things from the apartment, I was gone for a little under 30 days.

 

[Silverplum]

Yes, I can prove what was taken, considering everything was taken. Both my ex roommate and my mother agree that they should not have let things go down the way that they did,
but they are pointing the finger at each other. LL saying its the ex room mate's fault since he was the legal resident, and ex roommate saying it was the LL's fault because "I couldnt stop her if she wanted to take your stuff."
Thats why I wonder who is really responsible since they both seem to be blaming each other.

You're talking to legal types. When someone here says, "prove," they really mean, "PROVE."

As in, do you have receipts for and photographs of the items? How do you plan to PROVE that a specific person or two STOLE your stuff? How do you plan to PROVE that it wasn't a burglar?

Et cetera.

 

[SeraTuki]

Yes, I mean I can prove it. I had massive collections of 80's memorabilia that I took many pictures of and even shared on YouTube, pictures of entire rooms, not just one or two things. And all with date stamps on them from the camera, so I can prove it.

 

[Silverplum]

Yes, I mean I can prove it. I had massive collections of 80's memorabilia that I took many pictures of and even shared on YouTube, pictures of entire rooms, not just one or two things. And all with date stamps on them from the camera, so I can prove it.

Hon, that proves you took photos of stuff.

It does not prove you owned the stuff, or that it was stolen, or anything else.

 

[SeraTuki]

the thing is, no one is saying the stuff wasnt there...or wasnt my property. Both the LL and my Ex roommate know and accept that the apartment was filled with my property, I also have many emails talking about individual items with both my landlord and my ex roommate. The fact that I owned the items is not in question by any party involved. I just want to know WHO is responsible for what happened to the items.