Who is the victim in the eyes of the law here?

Long story short, I had a roommate and we clearly agreed to split rent evenly. I am on the lease, she is not. She didn t hold up her end and for two months I paid her rent (granted she was moving between jobs and without a paycheck for a few weeks there). We had an agreement again and at that point she was paying

Long story short, I had a roommate and we clearly agreed to split rent evenly. I am on the lease, she is not. She didn t hold up her end and for two months I paid her rent (granted she was moving between jobs and without a paycheck for a few weeks there). We had an agreement again and at that point she was paying me back little by little every paycheck. We had a falling out and so she claimed she was going to be moving out. Since then she has stated she won t continue to pay me any more of the money that she owes me (about $400), and she hasn t been here for two weeks now. Her stuff is all still in my house and she has A lock on her bedroom door. Would she be the victim if I were to throw her stuff out of my house? Since she refuses to pay me for keeping it here? Or would I be in trouble for touching her things? Tried to sum this up lol. If you have any questions I will gladly answer. I just need some input as to how to handle this.

Other answer:

Kaylee:
She moved out so break the lock. Box her things. Give her written notice to arrange to pick up her things within 30 days and pay what she owes you – $_____, CASH ONLY. Make it clear that you will only accept cash. If she arranges a time and does not pay you first, don't give her her stuff and do not allow her inside under any circumstances. Only give her her stuff if she pays you first, at the door. Best to have a husky friend with you at the arranged time, in case this person gets angry or violent. If you are not paid and if she has no picked up her belongings within 30 days, then they are considered abandoned and they belong to you – keep what you want, sell or donate the items. You can also sue her for what you are owed at that point but, if what was left behind could be sold to offset what you are owed, then consider that you have been paid. It is not about who is the victim but, if you want to see it that way, you are the victim.
Pascal the Gambler:
Is any of this in writing?

You cannot touch her stuff. She owes you rent if her stuff is there. Look up abandoned property laws for your state and apply them.

Mamawisdom:
This could get very messy. Are all your "agreements" legal contracts or just verbal? Do you have any proof for anything? I agree that your best bet is to have legal formal eviction notification done and to find out about "abandonment" laws. On the other hand, if you ex-roomie doesn't have any proof that she has any expectation of residency or privacy. How did you get to the point where she has a lock on the door?

Also, note that you may well be in violation of your lease unless your landlord agreed to allow you to sublet the room.

loanmasterone:
There are state laws that would cover abandoned personal property. You are not legally allowed to place her stuff on the street nor any place else until you have complied with your state laws that would cover abandoned property.

Your former roommate is able to take you into small claims court and sue you for her personal property. If she would sue you for her property, all the items would increase in value greatly. Her $295. lap top would immediately become valued at at $1000, she would have a mink stole valued at around $4000.

In most states you are required to hold abandoned personal property for 30-45 days based on the state laws of the state in which you reside. You would be required to inform this person that you are holding her personal. You are able to charge storage fee for her personal items. Your notice would be required to be placed at the last known address you know she has resided. This might be the rental unit where she share with you.

Once the time has lapsed and your former roommate has not claimed here property or paid the storage fee, you are able to dispose of the property as you so desire.

You might want to start the eviction process against her. You would need to place a handwritten signed notice on her door that would indicate she would need to pay the rent current or quite (move).

You might want to check and see if you are legally able to sub lease your rental unit as you indicated you were on the lease and she was not.

In some states on the property owner is allowed to legally evict a person.

You would need to check with the state laws on eviction in your state to see if you are legally able to start the eviction process, and get a legal eviction signed by a judge.

You are able to sue your former roommate in small claims court for any money you are owned that you paid for her rent and if she is currently behind on the rent. While you are i n small claims court, make sure you inform the judge you still have her abandoned personal property and you would want to make sure your law suit include any storage fee you would want to charge.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

JMITW:
yes she would..you have to legally evict, store items,etc
glenn:
The laws on this would be local. one city in your state may have very different laws than another city. If you put her stuff out on the lawn on trash day how would she ever prove anything. You said she is not on the lease and has no paperwork?
D J:
If you did not have a written agreement that she owes you the money, you had a guest for the months she did not pay.
You will have to serve her with an eviction notice. You can not touch her property. Check with your local housing authority, law enforcement agency or your landlord to see what is require to evict her. Next time you will know better, it's better to live in a small dumpy apartment alone than to get screwed over by roommates.
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