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Can Apt complex trash stuff?

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rebekahsalter

Guest
My husband and I signed a one year lease on an apartment in Atlanta. Three months before the end of the lease we found a house we wanted. We moved most of our belongings out, but did not break the lease. It was going to cost more to break the lease than just pay rent at both places. We told the manager our plan and the manager said no problem. A new manager came in and assumed we broke our lease. Our last months rent was paid in advance and she didn't check. Also a nosy neighbor said we'd moved out in the middle of the night. (We moved in the day on a weekend) The nosy neighbor also said we may have left our dog. We had been "dogsitting" and that dog hadn't even been around for months befpre we moved. We didn't have a dog deposit, didn't think we needed one for dog sitting. Anyway, the new manager threw away all that was left in the apartment, including my wedding dress, antique dishes, a stereo and most of my "hang up clothes." The things that were left were obviously not garbage. Also she knew we were no longer there because she had spoken with my husband last month on the phone. She has offered us $955 for our troubles. Most of the things she trashed are irreplacible, including a sweater that belonged to my late father. Do we have any rights beyong the $955 they are offereing? They say no because of the dog. Please help.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rebekahsalter:
My husband and I signed a one year lease on an apartment in Atlanta. Three months before the end of the lease we found a house we wanted. We moved most of our belongings out, but did not break the lease. It was going to cost more to break the lease than just pay rent at both places. We told the manager our plan and the manager said no problem. A new manager came in and assumed we broke our lease. Our last months rent was paid in advance and she didn't check. Also a nosy neighbor said we'd moved out in the middle of the night. (We moved in the day on a weekend) The nosy neighbor also said we may have left our dog. We had been "dogsitting" and that dog hadn't even been around for months befpre we moved. We didn't have a dog deposit, didn't think we needed one for dog sitting. Anyway, the new manager threw away all that was left in the apartment, including my wedding dress, antique dishes, a stereo and most of my "hang up clothes." The things that were left were obviously not garbage. Also she knew we were no longer there because she had spoken with my husband last month on the phone. She has offered us $955 for our troubles. Most of the things she trashed are irreplacible, including a sweater that belonged to my late father. Do we have any rights beyong the $955 they are offereing? They say no because of the dog. Please help.<HR></BLOCKQUOTE>

My response:

The dog situation is a "non-issue" and the manager is using that as an escape excuse. Unfortunately, the law does not take into account the "sentimental value" of personal property - - just their fair market value. If you haven't already done so, make a list of all things stolen or converted. Next to each item, place a "retail price." Then in the next column, place the "age" of the item. Then, in the next column, place a fair market value on each item. For example:

1. Wedding dress - $800.00 - 10 yrs old - $300.00. And so on.

Then, present that list to the manager/owner and the nosy neighbor. Then, when they refuse to pay, sue them both in Small Claims Court.

Liability:

Manager: - "Breach of Contract" "Conversion of Private Property" and "Trespass."

Nosy Neighbor: - "Negligent Interference with Contractual Relations."

Make them fight it out in court against each other.

Good luck to you.

IAAL

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