Need Help!!!!

[kbernard2525]

What is the name of your state? Nevada

My landlord illegally seized all my personal possessions from my apartment. I intend to sue. The problem is I do not have any receipts, pictures, etc of all of my things as all receipts, checks etc were in the apartment.. I have managed to obtain an inventory list of what the landlord "claims" was turned over to storage. My question is this. How can I place a value of literally hundreds of items, furniture, irreplacable momento's, to which I no longer have receipts and proof of purchase. Is their a "ballpark" figure I can use for an 1 bedroom size apartment ???Please help me.What is the name of your state?

 

[queenofsand]

Let's see...just list the missing items and voila, the total is pretty close to the small claims limit.

Why were your possessions seized? Were you behind in rent? Does your lease have a 'landlord lien' clause? Is there a police report?

A little more info, please.








http://www.leg.state.nv.us/nrs/nrs-118a.html

 

[kbernard2525]

I was wrongly incarcerated and was unable to raise bail. My landlord and maintenance staff are young, dishonest and thought that I would be going away for a very long time. They basicly used my apartment like a department store, selling my belongings on a first come, first serve basis. They knew of my whereabouts and did not send notice to first to me as apparently required by law. My loss included living room furniture, dinette set, bedroom set. Basicly picture a very nicely, fully furninshed one-bedroom apartment. I also had expensive African carvings, porcelein collectables. I mean I had at least 15,000 worth of belongings. Some items such as momentos from deceased relatives, pictures, etc are irreplaceable. I am looking probally at more than the small claim limit, but would like to know how to evaluate the dollar amount of my loss before paying for an attorney.

 

[acmb05]

I was wrongly incarcerated and was unable to raise bail. My landlord and maintenance staff are young, dishonest and thought that I would be going away for a very long time. They basicly used my apartment like a department store, selling my belongings on a first come, first serve basis. They knew of my whereabouts and did not send notice to first to me as apparently required by law. My loss included living room furniture, dinette set, bedroom set. Basicly picture a very nicely, fully furninshed one-bedroom apartment. I also had expensive African carvings, porcelein collectables. I mean I had at least 15,000 worth of belongings. Some items such as momentos from deceased relatives, pictures, etc are irreplaceable. I am looking probally at more than the small claim limit, but would like to know how to evaluate the dollar amount of my loss before paying for an attorney.

Did they legally evict you and the get rid of your stuff or did they just sell it cause they thought you were not comming back?

 

[acmb05]

NRS 118A.450 Abandonment of dwelling unit by tenant: Remedies; presumption. If the landlord has notice of the fact of abandonment by the tenant, the landlord may dispose of the tenant’s personal property as provided in NRS 118A.460 and recover possession of the premises as provided by NRS 118A.480. In the absence of notice of the fact of abandonment, it is presumed that the tenant has abandoned a dwelling unit if he is absent from the premises for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

(Added to NRS by 1977, 1341)


NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.

1. The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:

(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for his negligent or wrongful acts in storing the property.

(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the property or the value thereof if he has made reasonable efforts to locate the tenant, has notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant. The notice must be mailed to the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.

2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.

(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)

 

[kbernard2525]

Firstly, they did not serve me with any eviction papers. The management did not think I had abandoned my apartment. The resident manager came to the scene and spoke with the police while I was getting ready to be taken in. They just took advantage of my unfortunate situation. They knew I could not get out right away, nor could I stop them. Had they served me, I would have had options. I could have obtained legal assistance just based on the fact that I was incarcerated and unable to act. The management "pretended" I abandoned my apartment and then sold my things. How can one presume an apartment has been abandoned when the tenant is merely incarcerated and attempting to bail out. I left several messages on the office answering machine and sent letters giving my inmate mailing info. I just need to know how to determine the value and to know that since their actions were malicious can't I seek punitive damages also.