EVICTED. or landlord stole my stuff.

[CarlJay89]

I cannot find anything specific concerning property remaining at a rental unit. I find it difficult to believe he is legally allowed to toss it without some action such as notifying you. I don't recall any state, off the top of my head, that would allow tossing all the stuff in the time period we are dealing with.

Well I'll just have to get a chance to talk to that lawyer my friend recommended. I took the time to document everything I did, and all of the communication between myself and the LL over the last month using my phone history and my recollection of what happened. I also took the opportunity to photograph what my unit looked like upon entering, and upon leaving yesterday. I also took a picture of one of my couch cushions which was thrown on top of the roof of a nearby building. I don't really have anymore questions, but as always I appreciate your help. Feel free to provide additional information as you feel necessary.

 

[justalayman]

to add;

the one situation where your property can usually be thrown out immediately is in an actual eviction. By eviction, I mean having gone through the courts and the Sheriff is escorting you off the premises. At that type of situation, it is not uncommon for the landlord to be able to discard anything that remains in the unit immediately.

it's nice to hear how situations work out as well, good or bad.

 

[CarlJay89]

to add;

the one situation where your property can usually be thrown out immediately is in an actual eviction. By eviction, I mean having gone through the courts and the Sheriff is escorting you off the premises. At that type of situation, it is not uncommon for the landlord to be able to discard anything that remains in the unit immediately.

it's nice to hear how situations work out as well, good or bad.

I'll be sure to update this and PM you with a result.

 

[MIRAKALES]

State Laws on Landlords’ Treatment of Abandoned Property (February 2006)
http://www.cga.ct.gov/2006/rpt/2006-r-0164.htm
In the overwhelming majority of the 37 states that we researched, a landlord may dispose of personal property that a tenant leaves in dwelling units by selling it after first notifying the tenant of his intent and storing the property for a period prior to the sale. Colorado is the only state we identified where landlords have no duty to store property that tenants leave behind. Connecticut, Virginia, and Washington are the only states that we found that permit tenants' property to be placed on a street, sidewalk, or other public property.

Most of the states that allow landlords to dispose of personal property remaining in or at dwelling units give them the discretion to destroy or otherwise dispose of property they determine to be worth less than the total cost to move, store, and sell it at a public sale. Some states, like California, Florida, Maine, and Nebraska, set a monetary threshold below which property may be destroyed or otherwise disposed of without a public sale.

The level of detail in the notice that landlords must provide tenants vary by state. While all states that require notice require it to inform the tenant that the property will be disposed of unless he claims it in a specified number of days, some states (e.g., California, Florida, Hawaii, Kansas, Massachusetts, and Nebraska) require the landlord to describe the property in sufficient detail for the tenant to identify it. Most states require the notice to be mailed or personally delivered, but Kansas landlords must instead publish the notice in a local newspaper.

The vast majority of the states allow landlords to recover costs associated with removing, storing, advertising, and selling personal property from sale proceeds. Generally, tenant owners are entitled to any residual proceeds.

Most of the states have laws that are specific to post-eviction handling of tenants' property. However, the law in some states (e.g., Arizona, Iowa, Minnesota, Missouri, Nevada, and New Jersey) applies to property that a tenant “abandons” either pre- or post-eviction. These states generally establish a presumption that property is abandoned (1) after a specified number of days if the tenant has not informed the landlord of an extended absence or (2) if the tenant does not respond to the notice of disposition. Although a person who has been evicted from a dwelling unit is no longer a “tenant”, we have used this term throughout for ease of understanding.

ABANDONED PROPERTY
Most states regulate the way landlords must handle personal property left behind by departed tenants. Many require landlords to notify tenants of the status of the property, including the landlord's intention to dispose of it on a specified date unless it is reclaimed. Most states require landlords to store the property before disposing of it and allow them to recover removal and storage costs from any proceeds they realize after selling the property. Table 1 shows the process for handling abandoned property in 37 states.

Iowa § 555B.2 Disposal of Abandoned Property
A real property owner may remove abandoned personal property and place it in storage until a judgment of abandonment is entered or until the personal property owner pays a fair and reasonable charge for removal; storage; or other expense incurred, including reasonable attorneys' fees. The real property owner must notify the sheriff of the county where the real property is located when the property is removed.
If the real property owner asks, the sheriff must notify the personal property owner, if known, of the removal. If the owner cannot be determined, and the real property owner so requests, the sheriff must give notice by one publication in a newspaper of general circulation in the county where the personal property was abandoned. If the personal property is not claimed within six months after notice, the sheriff must sell it at a public or private sale. After deducting sale costs, the sheriff must apply the net proceeds to the cost of removal, storage, notice, attorney fees, and any other expenses incurred for preserving the personal property. He must pay any remaining net proceeds to the county.
http://www.cga.ct.gov/2006/rpt/2006-r-0164.htm

 

[llord]

Wisconsin allows disposal of tenant property left behind

Wisconsin made changes as of March 2012 to make it easier for landlords to dispose of tenant property left behind when the unit is abandoned. The landlord may dispose of items other than prescription medicine or prescription equipment immediately (if the tenant has been notified either by letter or by a clause in the rental/lease agreement) but must hold the medical items for 7 days to allow the former tenant to retrieve them. Not that the OP is in WI but other states may have also changed requirements in this area since 2006.

State Laws on Landlords’ Treatment of Abandoned Property (February 2006)
http://www.cga.ct.gov/2006/rpt/2006-r-0164.htm
In the overwhelming majority of the 37 states that we researched, a landlord may dispose of personal property that a tenant leaves in dwelling units by selling it after first notifying the tenant of his intent and storing the property for a period prior to the sale. Colorado is the only state we identified where landlords have no duty to store property that tenants leave behind. Connecticut, Virginia, and Washington are the only states that we found that permit tenants' property to be placed on a street, sidewalk, or other public property.

Most of the states that allow landlords to dispose of personal property remaining in or at dwelling units give them the discretion to destroy or otherwise dispose of property they determine to be worth less than the total cost to move, store, and sell it at a public sale. Some states, like California, Florida, Maine, and Nebraska, set a monetary threshold below which property may be destroyed or otherwise disposed of without a public sale.

The level of detail in the notice that landlords must provide tenants vary by state. While all states that require notice require it to inform the tenant that the property will be disposed of unless he claims it in a specified number of days, some states (e.g., California, Florida, Hawaii, Kansas, Massachusetts, and Nebraska) require the landlord to describe the property in sufficient detail for the tenant to identify it. Most states require the notice to be mailed or personally delivered, but Kansas landlords must instead publish the notice in a local newspaper.

The vast majority of the states allow landlords to recover costs associated with removing, storing, advertising, and selling personal property from sale proceeds. Generally, tenant owners are entitled to any residual proceeds.

Most of the states have laws that are specific to post-eviction handling of tenants' property. However, the law in some states (e.g., Arizona, Iowa, Minnesota, Missouri, Nevada, and New Jersey) applies to property that a tenant “abandons” either pre- or post-eviction. These states generally establish a presumption that property is abandoned (1) after a specified number of days if the tenant has not informed the landlord of an extended absence or (2) if the tenant does not respond to the notice of disposition. Although a person who has been evicted from a dwelling unit is no longer a “tenant”, we have used this term throughout for ease of understanding.

ABANDONED PROPERTY
Most states regulate the way landlords must handle personal property left behind by departed tenants. Many require landlords to notify tenants of the status of the property, including the landlord's intention to dispose of it on a specified date unless it is reclaimed. Most states require landlords to store the property before disposing of it and allow them to recover removal and storage costs from any proceeds they realize after selling the property. Table 1 shows the process for handling abandoned property in 37 states.

Iowa § 555B.2 Disposal of Abandoned Property
A real property owner may remove abandoned personal property and place it in storage until a judgment of abandonment is entered or until the personal property owner pays a fair and reasonable charge for removal; storage; or other expense incurred, including reasonable attorneys' fees. The real property owner must notify the sheriff of the county where the real property is located when the property is removed.
If the real property owner asks, the sheriff must notify the personal property owner, if known, of the removal. If the owner cannot be determined, and the real property owner so requests, the sheriff must give notice by one publication in a newspaper of general circulation in the county where the personal property was abandoned. If the personal property is not claimed within six months after notice, the sheriff must sell it at a public or private sale. After deducting sale costs, the sheriff must apply the net proceeds to the cost of removal, storage, notice, attorney fees, and any other expenses incurred for preserving the personal property. He must pay any remaining net proceeds to the county.
http://www.cga.ct.gov/2006/rpt/2006-r-0164.htm

 

[CarlJay89]

Update

Hello all. The landlord claims that he has not removed the items, and we are now caught up on rent. I filed a police report, and hopefully my insurance company will cover some of my losses. The local PD believe that it was the landlord who took the items based on information they gathered from other tenants.

Today:

I returned to my apartment to see the lights on and a person inside my unit. The locks had also been changed. This was surprising because the week prior my LL had mailed me new keys, as the locks had been changed after the burglary. I notified the police and they spoke with the person inside. It was a cleaning crew. The police contacted both LL managers and they claimed I had agreed to an early check out. I had not done this, and It was obvious to the police seeing as how I had two sets of keys and a mail key that my intention was to clean the apartment.

The police then contacted the owner of the complex who claimed that no cleaning crew was authorized. The cleaning crew then showed the police a work order and the key they were given to enter the unit. What should I do? The locks were clearly changed again or I was given the wrong key. The unit has already been rented, and my lease is not up until the end of the month. Is this legal? What should I do, and how do I avoid paying a cleaning fee seeing as how I had not consented to an early check out.

Thank you!

 

[justalayman]

What should I do?

play their game.

562A.26 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover the actual damages sustained by the tenant and reasonable attorney's fees. If the rental agreement is terminated, the landlord shall return all prepaid rent and security.

This is what I would do. I am a bit aggressive sometimes so you need to do what you are comfortable with.


I would head into this under the premise you have been illegally evicted.

If you can, get your stuff out NOW. If not, start writing a list of the items remaining in the unit.

Send a demand letter for the remaining couple of days rent and a full refund of your security deposit. Cite the statute above as your basis for the claim. Send it overnight express mail.

If it was me, I would write a statement such as:

Due to the unlawful ouster, I am claiming my rights under Iowa statute 562A.26 to [X] days of paid rent and a full refund of my security deposit. Should I not receive said moneys within 10 days of the receipt of this letter, I will take legal action as allowed by law to make claim for said moneys. I will secure the assistance of an attorney who will be contacting you shortly thereafter. You should take note the statute specifically allows for the recovery of reasonable attorney's fees. As such, I will be asking the court for those costs in addition to the rent and security deposit.



signed:

a pissed off former tenant


(just kidding about the signature)


Be sure to include an address you can be contacted at as well as for the sending of the refund, should the LL send that as demanded. If you wish, include a telephone number but I would be cautious about any verbal communications. They are impossible to prove.

 

[FarmerJ]

CarlJay I hate to say it but so many LLs especially with younger tenants just dont give a *#_)&2=457 and keep doing what ever they are gonna do chancing that the tenant wont make a issue of it , so GO FOR it , and get a police report from this last incident too and sue. LL is gonna look so foolish in court on this one if they let it go that far. So others can know the result can you continue to update should you end up taking this LL to court ?

 

[CarlJay89]

Update

I will continue to update this thread. My parents want to sue them if they try and charge me for the cleaning fee. All items that were not stolen from my unit are now at my current place of residence. I am honestly so tired of all of this that I don't even feel like speaking to them right now. I will most likely mail them that letter. Because of my hectic work schedule my parents will be contacting them on Monday to ask on my behalf about what happened yesterday. It really just feels like the world is full of a certain kind of people that just want to make life difficult for everyone else. All I want is for this to be done.

Renting from this company I've lost several thousand dollars due to my roommate leaving, $8,000 of my belongings (according to insurance company), and a great deal of time that I will never get back. I really, really want to put this behind me. Thank you all for your replies.

 

[justalayman]

Your parents? Are you a minor? Is your signature on the lease?
Unless your parents signed the lease or you are a minor, they have no place in this other than to support you in your endeavor.

Along with that, if your parents are not the lessee or you are a minor, the landlord has no obligation to even speak with your parents and surely is not obligated to tell them anything or negotiate with them in any way.

 

[CarlJay89]

I am 20 years old and my parents were co-signers for me to get the apartment. Like I said before I did not sign the original lease, but before I was allowed to sign the roommate change agreement the RC had my parents co-sign a document passing the payment obligations onto them if I was unable to fulfill them. Idk what this form was. I am a college student, and by no means have been living entirely independently. The item stolen from the apartment were all purchased by my parents with the exception of a few of the more inexpensive items. My uncle will be the lawyer representing me in court if this situation leads down that road. My other uncle is my insurance agent, and his company is investigating the landlord. These are my reasons for involving family in this matter.

 

[justalayman]

My uncle will be the lawyer representing me in court if this situation leads down that road. My other uncle is my insurance agent, and his company is investigating the landlord. These are my reasons for involving family in this matter

nice to have family like this.