Roommate jailed for assault - nonpayment of rent & abandoned property

[not2cleverRed]

Don't know where you got this from. I have been paying the rent, Peter has not and stuff is still here. How can I legally remove his stuff? That is my question.

You are still responsible for his portion of the rent; you and Peter did not have separate leases.

I agree with Zig that your actions, in withdrawing funds from Peter's account after his arrest, are... questionable.

I think it would have been better - and made more sense - for you to have moved into a unit you can afford on your own in February, and if you used any money of Peter's after January, it should have been for storage fees and storage fees alone.

 

[Zenazeo]

Yes, and if it's not removed, causing the landlord to remove it, the landlord can pursue you individually for the cost of doing so.

Furthermore, I suspect that your payment of the rent from his funds after he was jailed may have exceeded the scope of any prior authorization for such transactions. In other words, he (the ex roommate) may have a reason to pursue you for repayment. Of course, you may have a valid defense to that...but he can still go after you for it.

Peter's property is still here and if he pursues me for withdrawing his January and February rent, why can't I counter sue for his non-payment of March and April? Wouldn't these cancel each other out?

Based on the lease, I need to move Peter's property otherwise the landlord can come after me. That is my legal reason for moving his property. Correct?

 

[Zenazeo]

You are still responsible for his portion of the rent; you and Peter did not have separate leases.

I agree with Zig that your actions, in withdrawing funds from Peter's account after his arrest, are... questionable.

I think it would have been better - and made more sense - for you to have moved into a unit you can afford on your own in February, and if you used any money of Peter's after January, it should have been for storage fees and storage fees alone.

Was recovering from injuries sustained from Peter's attack in January. Peter left the property looking like a a homeless encampment and I spent February cleaning up his mess. It would have been better that none of this happened in the 1st place.

Is Peter not responsible for anything he did? Or did not do? Why is there so much support for the perpetrator and very little if any for the victim?

 

[Ohiogal]

Peter's property is still here and if he pursues me for withdrawing his January and February rent, why can't I counter sue for his non-payment of March and April? Wouldn't these cancel each other out?

Based on the lease, I need to move Peter's property otherwise the landlord can come after me. That is my legal reason for moving his property. Correct?

You withdrawing the money from his account could be considered a criminal matter where his non payment of rent would be considered a civil matter.

 

[Ohiogal]

Was recovering from injuries sustained from Peter's attack in January. Peter left the property looking like a a homeless encampment and I spent February cleaning up his mess. It would have been better that none of this happened in the 1st place.

Is Peter not responsible for anything he did? Or did not do? Why is there so much support for the perpetrator and very little if any for the victim?

No one is supporting the perpetrator. We are telling you the (possible) consequences of your actions.

 

[Zenazeo]

You withdrawing the money from his account could be considered a criminal matter where his non payment of rent would be considered a civil matter.

I withdrew money just as I have for the last 4 years. Hasn't a precedent been set for this behavior?

 

[Zenazeo]

No one is supporting the perpetrator. We are telling you the (possible) consequences of your actions.

Thank you for all comments and I don't feel like my questions are getting answers.

 

[Zigner]

Thank you for all comments and I don't feel like my questions are getting answers.

There are none so blind as those who will not see.

I am usually dead-set against this, but here goes. The REALITY of the matter is that you could probably take a good inventory of the "stuff", along with pictures and, probably, video too, and then you could dump it. Could the guy sue? Sure, and then you should be prepared with your evidence of what was there, and be prepared to pay some money. WILL the guy sue (and win)? Probably not, but this is really your game of craps and your dice to roll.

 

[Zenazeo]

There are none so blind as those who will not see.

Thank you for taking time to comment but why was this comment necessary to make? I came here for help and do not understand what I am being blind to.

I am usually dead-set against this, but here goes. The REALITY of the matter is that you could probably take a good inventory of the "stuff", along with pictures and, probably, video too, and then you could dump it. Could the guy sue? Sure, and then you should be prepared with your evidence of what was there, and be prepared to pay some money. WILL the guy sue (and win)? Probably not, but this is really your game of craps and your dice to roll.

Throwing away his property is not an option. There are tools he may need and clothing he may want.

"... and be prepared to pay some money." To Whom and for what?

Thanks again for your time.

 

[not2cleverRed]

Thank you for all comments and I don't feel like my questions are getting answers.

You mean: Under these circumstances can I include a 3 day notice to quit if he doesn't pay the rent? Then an 18 day notice of property abandonment? Is this even necessary?

Your questions have been answered and then some: no, you are not Peter's landlord. No, you cannot do what you want to do. Yes, there are protections for victims of domestic violence, however you have not taken advantage of those protections and have instead tried making up you own rules.

I hope that, unlike Peter, you stay on your meds.

Thank you for taking time to comment but why was this comment necessary to make? I came here for help and do not understand what I am being blind to.


Throwing away his property is not an option. There are tools he may need and clothing he may want.

"... and be prepared to pay some money." To Whom and for what?

Thanks again for your time.

Because Peter can SUE you.

 

[Zigner]

Thank you for taking time to comment but why was this comment necessary to make? I came here for help and do not understand what I am being blind to.

You're being blind to what you are being told.

Throwing away his property is not an option. There are tools he may need and clothing he may want.

Who cares? This is the guy who freaking assaulted you. Yeesh!
Anyway...by putting this condition on the matter, you are effectively leaving yourself with no option but to hang on to the stuff and give it back when he returns. If you put it in storage for 3 months, you are going to be responsible for the rent even after that period of time if he doesn't get it out.

"... and be prepared to pay some money." To Whom and for what?

If you dispose of the items improperly, you may be required to pay him for those items. That cost may be worth it to you...it's more of a business decision at this point.

Thanks again for your time.

You're welcome.