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On top of having my own apartment a hour away, I sublet rented a room from some people that was closer to my place of employment. I'm usually not there, but I had a fully furnished room with a flat screen TV, entertainment center, clothes, etc. I'm not on the lease. I informed my roommate that I planned on moving out towards the end of the month. We never had any issues, and we were always respectful of one another.
I showed up on Sept. 2nd to move, and found that the locks were change. My roommate has thrown away my documents and other things she did not want, and has furnished her living room with my other belongings. I called the police and they scolded her by saying she did not evict me and had no legal right to throw my belongings out which she admitted to doing. While she's talking to the officers, I can clearly see the stuff that was in my room now sitting in her living room, but she claimed it was hers and mine was thrown out. The officers were very helpful, but stated there was nothing they could do about the stuff that was still there; however, they charged her with 18.2-137(A) Destruction of Property for the belongings she claimed she threw out.
My question is, being that she has stated in front of several officers that I was a tenant there and that legally I was not evicted through the courts, can I go through an open window while she's at work to retrieve the belongings that she is trying to steal without being charged with breaking and entering? If not legally evicted, would I still be considered to be a tenant there even though I'm not on the lease?
Absolutely NOT. You need to consult with an attorney but under NO circumstances even think of attempting what you're suggesting, otherwise you'll most assuredly end up in court and likely in jail.
Your case likely qualifies for small claims court and you will win. Collecting is another problem. But, you can file your case and try to get it heard on Judge Judy. The show pays the claims; that's why alot of losers agree to go on....
Absolutely NOT. You need to consult with an attorney but under NO circumstances even think of attempting what you're suggesting, otherwise you'll most assuredly end up in court and likely in jail.
Can you post citations, any laws that you know off, codes, your experience, etc? How did you come to this conclusion? Not saying you're wrong, but I'd like some background information if you could. Can a landlord who has not evicted a tenant have that tenant arrested for accessing (breaking into) his/her residence so they can retrieve their belongings?
Your case likely qualifies for small claims court and you will win. Collecting is another problem. But, you can file your case and try to get it heard on Judge Judy. The show pays the claims; that's why alot of losers agree to go on....
Can you post citations, any laws that you know off, codes, your experience, etc? How did you come to this conclusion? Not saying you're wrong, but I'd like some background information. Can a landlord who has not evicted a tenant have that tenant arrested for accessing (breaking into) his/her residence so they can retrieve their belongings?
Surely you jest in wanting "citations" and "laws". Just go down to your local precinct and ask and I can assure you that your question will be answered with every attempt on the part of the responder not to laugh out loud. Your "landlord" did the wrong thing but you were also remiss in not moving out when you said you would (i.e. at the "end of the month"). You are no longer a tenant. If you had paid rent for September then you would be able to gain legal access to retrieve your possessions but even at that you cannot legally resort to self help by breaking and entering.
Contact Legal Aid in your area or consult with an attorney to see what your options are.
Yea I do not want to go through all of that if I can peacefully and legally just bring witnesses, video tape, etc while removing my "stolen" property.
Bringing witnesses to attest to your illegally breaking and entering will end up with them being charged as accessories. There is no such thing as "legally" breaking and entering.
Bringing witnesses to attest to your illegally breaking and entering will end up with them being charged as accessories. There is no such thing as "legally" breaking and entering.
I hear you, but it doesn't make any legal sense to me. Logically it sounds incorrect that a landlord who did not evict can lock a tenant out illegally (was not within their rights to lock them out in the first place), and then have that tenant arrested for entering a home that they had a legal right to access before they were illegally denied access.
It makes perfect legal sense. As I suggested, contact Legal Aid or an attorney and go through legal channels.
You're making assertions without stating how you got there. It would be helpful to me and people who might view this thread in the future if you or anyone else who responds, regardless of their position, would give more of an explanation other than "you will go to jail."
I'm well aware that I should consult an attorney, but I was hoping that I could get some hard fact from people who might have personal experience, knowledge, or specific codes that they could share or direct me to so I could better understanding.
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