okay so heres the situation I went back to my apartment (lease i my name) have two roommates, guys. And one only had an intent to rent (and sublet) the other lease signer of the apartment with me which was a girl that had already moved out.
Landlord accepted money/rent from subletting. Which police said he wasnt too do, thats not the point of subletting.
Only reason i was gone in the first place was because power was turned off and the subleter of the other room was To put it in his name and had said he already did, ect. Well he didnt. I leave my cat ALL belongings. And go back to find out he asked the landlord if He could THROW out my belongings And He said yes, ANd Ordered a Dumpster for him to throw my (brand new microwave), 1yr old cmp and monitor, 27inch tv….. 4 diamond rings missing, pearl braclet, about 50-70 dvds missing, 8-10 garbage bags worth of clothes, some brand new never been worn… Mail (ordered a baby diaper bag) missing, dvd player, all pillows, sheets, plastic storage organizers, (3) all papers reciepts that i had been having sent too me so i could do my tax forms, over 800 dollars in text books from college most never opened and still with cd sealed in back of text book, stethescope, blood pressure cuff, a few shoes NO PAIrs… ANd missing competlely at least 3 pairs of running shoes, a few high heels and flats.
2 coats missing, Cat litre thing that was 30 dollars to put the cat litre in and then u throw away later, a liter box with lid 30 dollars……picture albums, baby stuff (Im 7 months pregnant)…
Let my cat out but claimed he got out threw the window which would be on the roof and cant get down from there(hed still be on the roof)
The landlord told him it was ok to throw my stuff out ONE week after i had been gone!!!!!! I was only gone total Of TWo weeks!
The law here IN ont. canada (police told me) IS 30 days Minimum!!!!!!!! and that they cant touch your stuff…
AS well as I Am still on lease, and The subleter woudlnt let us get my stuff said it had ALL been thrown out, However some furniture was IN the apartment still. I was able to collect ALL that was IN the apt… ANd the stuff they threw out The other roommates window..
Did I mention IT POURED several times THE WHole time yesterday while waiting to get my belongings………..
Im getting the officer a list of stuff, And hes going to check Pawn shops However if HE sold my Valuable stuff I think hed do it too friends so wouldnt be traced…
BEfore i left the landlord ANd subleter said They would Split And Buy me a new Cmp. Because the police made him aware he gave wrong information tothe subleter and had NO right to throw a tennants stuff and cant claim it abandonded for a month………..
All my stuff in the dumpster is ruined and 3/4 wasnt even there….. Subleter claimed he put it in dumpster and Someone had to of taken it out and stole it…… And in that case police can’t say wether someone did or dindt steal it out of the dumpster…
Mty landlord is just someone that works for a realtor company called REmax……..
My friends said I could get him fired or In huge trouble for this. The cops say I only have a Civil case against the landlord and not tennant that physically threw my stuff out(unless he did pawn anything)
he said to write a list out of what I do not recover, and Put a value on it,
How likely IS it that I will get this reimbursed????? CAN I get him FIRED or reimbursed By his Company?????
PLEase Help.
Live in Canada Ontario………….
Thank you, I am very distraught I slept last night for 4 hours after being up for 2 days. I was calm the whole time during the ordeal.
The landlord/tennant changed the locks on me, I called the police because the tennant at first tried to claim I was not even able too be there i was tresspassing.
its being investigated, (pawn) shops will be checked for the items computer, monitor, tv, vcr, some movies, rings However ALL reciepts were in my room in file organizers which were either thrown in the trash Or in the dumpster which very likley will not get a hold of, And in that case I dont have Legal papers such as reciepts stating tuition books bought, and price that kind of thing. That is why I am afraid i wont get my money for this.
the landlord and tennant offered to split the cost and buy me a new computer. I only wrote it rained for the fact if my computer in fact was put in the dumpster, I could have retrieved it and it wouldnt be ruined. Now if IT is there, Its destroyed
The police officer asked me to make a list which I am doing so and what I paid for the items, I know they wont be technically worth that much for deminished value i believe it is called.
But is there any way that I can win with the police reports. The landlord stated He gave the "OK" to "gut my room" and ordered the dumpster for him to even throw my belongings into. As well as the police officers were witnesses that there were belongings of mine there. IS that NOt being in possession of stolen property?
They claim The courts ciould say I "vacated" because the tennant says I did not say when Or if i was coming back however i did. The locks were changed, So even If i had came back earlier, How was I too even get my belongings. No one emailed me or tried to contact me, And no one ever told me hey were going to throw your belongings out.
So is it the company that would pay for this, Or if you put ALl three on the law suit, does that give you a better chance of winning from sum1?
and I will have too write everything out but what I PAID for these items and I know they may not and probably not worth as MUCH now, But I would estimate right now from things I know are missing/destroyed
property (clothes, included since all but a couple bags I took home to wash)
Aprox. $4200 Dollars.
First…whatever course of action you take, it is going to have to be a lot calmer, clearer, and more concise than how you wrote this above. That advice alone will make your case a lot stronger.
Here’s what I’d do in this situation.
First, police are often ill-informed. They don’t know the law and what they told you was grossly incorrect.
Second, again, to approach this successfully you are going to have to be more concise and appear more calm. I had to read this three times just to be clear.
Call the police station and ask to speak to the captain or whomever. Inform them that you want to press charges of theft – larceny. Complain that when you spoke to police before, they claimed they were unable to do anything – but you want to press charges as your stuff was stolen. It was removed from your domain by an unauthorized person. Don’t cloud it up with talking about the landlord or this or that. Just put it plainly like that.
Next, not just for the police but for yourself and the following step…itemize everything that was lost and it’s value of replacing said item. Do not include things like "oh it was raining, etc" that doesn’t matter at this point (or ever, likely.) You will hand that to the police, but you will keep a copy of the list yourself.
Include items that were destroyed.
Depending on the grand total of the replaceable items depends as to which court you will litigate in.
You will sue the tenant. The landlord. The company.
All three. You want them all in the same suit. Otherwise the blame game will be passed. Now, in all honesty the landlord and tenant will likely be insolvent – but that doesn’t matter at this point. The company is whose pockets you will go after. Believe me, the company will punish the landlord for this inconvenience. The tenant is the one who actually committed the action, they too are liable.
If the amount is higher than the conciliatory court limits (call your local courthouse to find out the limit) – then you need to hire a solicitor. But if the amounts are that high, hiring the solicitor will likely be worthwhile.
It’s always irritating when police give incorrect legal assessments. Their ill-informed ways make it good for defenders, but really screw the justice system up.
If you end up in conciliation representing yourself, make very sure you are calm, clear, and concise. Do not tell your story as you did above. If you have to, write a script and stick to it. It’s natural for non-lawyers to do this and perfectly ok. The magistrate would rather hear a script being read than a difficult to follow ramble.
Good luck
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