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Daughter's Roommate threw her stuff out

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hogana

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

About a week ago my daughter looked for and signed a lease for a new apartment, she moves in the first of Feb. After telling her roommate over the phone my daughter's roommate decided that she needed to move out and without notice yesterday while she was at work by daughter's roommate bagged up her belongings and dismantled her furniture and threw it out of the apartment. My daughter left work to confront the situation and saw her belongings out of the apartment, and promptly called the police. Before they could get there the roommate left. The roommate had also changed the locks on the apartment door without the apartment complex's knowledge.
My daughter up to date on all bills and rent through the end of the year.
My daughter was not on the apartment lease.

My question is, Can my daughter file a lawsuit for illegal eviction and claim compensatory and punitive damages?
 
Last edited:


Zigner

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

About a week ago my daughter looked for and signed a lease for a new apartment, she moves in the first of Feb. After telling her roommate over the phone my daughter's roommate decided that she needed to move out and without notice yesterday while she was at work by daughter's roommate bagged up her belongings and dismantled her furniture and threw it out of the apartment. My daughter left work to confront the situation and saw her belongings out of the apartment, and promptly called the police. Before they could get there the roommate left. The roommate had also changed the locks on the apartment door without the apartment complex's knowledge.
My daughter up to date on all bills and rent through the end of the year.
My daughter was not on the apartment lease.

My question is, Can my daughter file a lawsuit for illegal eviction and claim compensatory and punitive damages?
This really is a matter that your daughter should be dealing with. I am curious though, does your daughter rent from the roommate, or from a different landlord.
 

hogana

Junior Member
She rents from the roommate.

I agree that it's her matter, but I'm trying to help her out.
 
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FarmerJ

Senior Member
The roommate is the one that your daughter would go after, self help evictions are not legal so your daughter should determine if any of her personal property that the roommate put out side is missing, and make sure to file a police report that includes that and to include the illegal lockout. then your daughter can sue this former roommate in small claims court for any penalty the state has set for a landlord who illegally evicts ( self help eviction ) prorated refund of the number of days of rent that she could not use & any deposit she paid to the roommate & her filing fees . ( if your daughter was not on the lease and paid her rent to the roommate then she still had a landlord tenant relationship with the roommate and the roommate is the one to sue since the arrangement they had would have made the roommate become landlord since the roommate was subletting the space out to others ( acting as landlord)
 

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