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Thank you guys again for your comments and concerns. Most of his belongings are trash but what concerns me is that he said he has possession of Confidential information on thousands of people from his old law firm. I don't believe he should still have this info anymore anyways. He is trying to hold me accountable for that. In addition to this, he has his care here and the keys are in the apartment. I am more than willing to work with this man but I am back up to a corner and do not have many options. I'm going to speak with an attorney this week and see if there can be some way I can work this out before escalating it anymore. Perhaps I and have an attorney write up a letting for my roommate to sign giving me consent to move the stuff. I can have a police officer come by and monitor it as well. I am not sure what becomes of his car though. It is not my problem but if I choose to just leave, you can bet your ass he will come back at me even though I left it to the landlord to deal with. I live at an apartment complex currently and management has been working with me in getting this resolved. First step again is to pay for a lawyer and see what they can do. I was speaking to an attorney referenced by my work. I did not pay for him and he has only given some simple advice at this point. Again thank you guys for your helpful tips in this matter.
This guy's a nut. Yes, atty as you said. Tell the atty things like this that I bolded and the other similar things about the roommate. He will see this guy is crazy dangerous and direct you with that info in mind.
OP, more than likely, you can take a "contract" to the jail and they will have him sign it and get it back to you.
You need to have something in writing from him that he is giving up possession of the apartment at the date he gave in his move-out notice. It can be very simple: I , name, give up possession of the apartment located at address on the date." plus his signature.
That's all you need.
If you have nothing to give to the landlord saying that he relinquishes possession, you put the landlord in a difficult position. You have not returned possession to the landlord if the tenant's possessions are all still in the apartment and the tenant is not saying, in writing, that he has given up possession. You might end up being named in an eviction, plus owing rent for the days that the apartment was not returned to the landlord.
Check around and see how much the cheapest storage building costs. Get your roommate to sign an authorization to move his stuff into storage. Move his stuff, pay a month's storage fee. I agree that isn't fair, but it is the safest way to do it and it could very well be the cheapest if he is the type to make a lot of trouble.
With the note relinquishing possession, you can leave his stuff for the landlord, but you will be billed for removing it and possibly for storing it, depending upon your state law. Cheaper to do it yourself. Plus, you can clean up everything, including his room, in order to get your deposit back.
Note relinquishing possession, a note giving permission to move his stuff to storage, and you are covered every which way. Take lots of photos of his stuff before you touch it.
I suspect that in future, you will be a lot more careful about accepting a roommate. There are lots of expensive legal traps that come with a bad roommate, which roommates never seem to think of until they get into a difficult situation with a roommate who won't follow the rules.
He said that his roommate doesn't have anything, except "confidential information" which I imagine is either a filing cabinet full of documents or a laptop.
No need to get a storage rental just for that. Just keep it at your new place and when he wants it, meet him at a coffee shop to give it back to him.
But oregon's suggestion is ok, if you actually have the patience to go to the jailhouse and talk to him. I personally wouldn't go that far.
At this point you just want your deposit back without this nutcase going after you. Any lawsuit he could claim against you would have very little merit, but just the hassle of going to court is enough that putting a little bit of effort may be worth it.
You previously said you'd already spoken with an attorney. So, I'm confused.
Again, have you talked to local PD like attorney supposedly advised you? Have you spoken with LL?
Outside of that, I wouldn't worry about any supposed threats from this dude.
I have been in contacted by an attorney that was recommended by my work. I haven't paid him but he has helped me some getting through my situation. The attorney I am speaking with specializes in real estate and doesn't have the expertise involved for this situation. I am trying to see if there is another person who may specialize more in roommate issues. But I am using him as an adviser currently. I would like to file a police report but I want to make sure that this is best step forward because once I do this I cannot go back. So I want additional advice from someone who may have more knowledge. I will speak to my LL tomorrow.
He said that his roommate doesn't have anything, except "confidential information" which I imagine is either a filing cabinet full of documents or a laptop.
No need to get a storage rental just for that. Just keep it at your new place and when he wants it, meet him at a coffee shop to give it back to him.
But oregon's suggestion is ok, if you actually have the patience to go to the jailhouse and talk to him. I personally wouldn't go that far.
At this point you just want your deposit back without this nutcase going after you. Any lawsuit he could claim against you would have very little merit, but just the hassle of going to court is enough that putting a little bit of effort may be worth it.
In additional the supposed "confidential information" he does have his car here. I believe I can either leave it to the LL to deal with or contact the police and have them impound it.
OP, more than likely, you can take a "contract" to the jail and they will have him sign it and get it back to you.
You need to have something in writing from him that he is giving up possession of the apartment at the date he gave in his move-out notice. It can be very simple: I , name, give up possession of the apartment located at address on the date." plus his signature.
That's all you need.
If you have nothing to give to the landlord saying that he relinquishes possession, you put the landlord in a difficult position. You have not returned possession to the landlord if the tenant's possessions are all still in the apartment and the tenant is not saying, in writing, that he has given up possession. You might end up being named in an eviction, plus owing rent for the days that the apartment was not returned to the landlord.
Check around and see how much the cheapest storage building costs. Get your roommate to sign an authorization to move his stuff into storage. Move his stuff, pay a month's storage fee. I agree that isn't fair, but it is the safest way to do it and it could very well be the cheapest if he is the type to make a lot of trouble.
With the note relinquishing possession, you can leave his stuff for the landlord, but you will be billed for removing it and possibly for storing it, depending upon your state law. Cheaper to do it yourself. Plus, you can clean up everything, including his room, in order to get your deposit back.
Note relinquishing possession, a note giving permission to move his stuff to storage, and you are covered every which way. Take lots of photos of his stuff before you touch it.
I suspect that in future, you will be a lot more careful about accepting a roommate. There are lots of expensive legal traps that come with a bad roommate, which roommates never seem to think of until they get into a difficult situation with a roommate who won't follow the rules.
Thank you for your responce. As of now we have both signed the form to vacate on the 12th of June. I am assuming that means the same as relinquishing possession. The other roommate when he was arrested asked me to park his car next to our apartment. He was arrested on the premises. i put the keys on the kitchen counter assuming he would have gotten out pretty soon. his apartment keys are connected to his car keys.
I have been in contacted by an attorney that was recommended by my work. I haven't paid him but he has helped me some getting through my situation. The attorney I am speaking with specializes in real estate and doesn't have the expertise involved for this situation. I am trying to see if there is another person who may specialize more in roommate issues. But I am using him as an adviser currently. I would like to file a police report but I want to make sure that this is best step forward because once I do this I cannot go back. So I want additional advice from someone who may have more knowledge. I will speak to my LL tomorrow.
I have a feeling cops will not care. Reason being, if they thought there was evidence in his car, they would have impounded the car instead of letting you parked it. Same with his stuff, if they thought there was anything valuable to their case they would already served a search warrant. So it seems at this point they are unlikely to care much about the report.
......... As of now we have both signed the form to vacate on the 12th of June. I am assuming that means the same as relinquishing possession..........
No. You have notified the landlord that you intend to give up possession. You haven't actually given up possession.
In order to give up possession, you have to have all of your stuff out and return the keys to the landlord. Or else have a signed paper that says you are giving up possession.
You and your roommate are considered to be one unit, know as "tenant". "Tenant" can not remove some of the stuff but not all of the stuff, just walk away, not give the signed relinquishment, and consider the unit returned to the landlord.
Landlord can't remove "tenant's" furniture and belongings and throw them out because "tenant" still has possession of the property. Your roommate could get out of jail 3-4 weeks later and claim that he still wanted the apartment and still wanted his extremely valuable stuff. Your landlord isn't going to just assume that liability from you and let you walk away from the mess that you and the roommate created.
If you, all by yourself, leave and the landlord finds the apartment still full of furniture and belongings, he is going to have to evict in order to get possession back. The unit know as "tenant" is going to be named on the eviction, meaning both you and the roommate.
It's your mess. Clean it up right. That's how you protect yourself.
Then be very careful when you select another roommate. That's also how you protect yourself "Good drinking buddy" is not the same as financial responsible with consideration and clean habits. "Friends" and "people who you get into financial contracts with" are sometimes not the same people. You don't choose a roommate because you both like the same kind of music. You are tying your finances to them.
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