What shouldI do if my landlord trespassed on my property and items were taken?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What shouldI do if my landlord trespassed on my property and items were taken?
I moved out of my rental this month. I gave my landlord a 30 day notice, certified letter and everything. It statedthat we would be moved out by the 5th of this month. We paid our last month in rent, as well. They entered the home before we were moved out while we where not there; they and even threw away and moved some of our stuff. We called the cops and said they couldn’t do anything because it was a civil case. What would we do. Do we have a case? They even locked us out of the garage before the 5th. and stole our bike (we used the lock the landlord gave use to lock up the garage and put it on our bike).
Asked on October 20, 2011 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Even if you were late in moving out, the landlord may not steal or throw away your belongings: there is a time frame and a process for getting rid of belongings that tenants leave behind after they move out, and if the landlord doesn't follow it, the landlord may be liable. You may sue the landlord for the value of everything he stole, lost, or destroyed, and you have the option of suing in small claims court if you like, where you can represent yourself (no lawyer fees), court costs are smaller, and the cases usually move more quickly.
Note that the police are wrong--this is not just a civil matter; it is a criminal one, too, if the landlord has stolen items from you. You may wish to try contacting police supervisors about the matter, if the lower-level officers have refused to take action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.