| 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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