Apartment Complex Emptied my Garage!! (Howe, Happy: gated, law, move)
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I would certainly make the management company become proactive. I would demand the trash company get involved, the dump site be identified, and a search conducted. Time is your worst enemy. You have been robbed.
SSTH.....one thing you might clarify is exactly what they did with the items. I have had things in a storage facility and the contract is probably very different. I remember the contract saying something about "non" payment of rent, (which is not the case here) where they can seize the property and "dispose" of it how ever they like. If it's a case where a tenant has moved out, they usually fine the tenant for anything the property management has to move to clean out the unit. Be sure and mention that to your attorney. If either management thought that you had moved, they should have checked the records and would have jumped on the chance to fine you for a spec of dust left in that unit. At the very least, they should have attempted to find your address to contact you either way....where they would have realized they were about to make a huge mistake. Almost every property management company is trained to charge outrageous prices for anything that requires them to lift a finger. Someone opened up that storage unit and saw a small gold mine and did clean it out.....and filled their pockets. I wouldn't be surprised if your things are scattered around local flea markets and pawn shops. Unfortunately, your sentimental items would most likely been trashed. Something just isn't adding up.
The police report, or at least a claim immediately with your apartment complex stating that your property has been removed without your consent. If possible, can you either DM or state the name of the two Management companies. There are some that say they will do something, but that is only to get you out of their hair. Get documentation from the people that showed you the work order. If you have to, write up a report, stating an excessive amount of loss. If you feel that $10 k is what you loss, then let the complex know you feel that you have lost $25k. They are going to negotiate it down, down, so you need to start exhorbitantly high. Put them on the defensive, and if you have a personal pocket recorder, since they won't let you have a copy, then read it, and record every word they say. I would hand them a claim, even if its just a typed note for loss, estimated at 4 or 5 times what you feel was in the garage. If they can't provide documentation of what was in there, and where it went, then it's all up to you. Tell them antiques, family heirlooms, write out on the report to the complex what you will be filing a claim with them for, make them sign for the receipt of your claim, if they don't want to, go to the Post office, send them a letter Certified that they have to sign for, also state in the claim that they have 72 hours from receipt to satisfy the damages or you will be going to an attorney to file a civil suit for loss, with damage and suffering, plus the added attorney charges. You have to notify them in a civil suit and try to settle it before you make it a court case. The first thing that the judge will ask, have you tried to settle with them. This way you can state, yes, I gave them a notice of my estimated loss, time to settle, and since there was no response, I was forced to get an attorney. This will look a lot better for you if it has to go to court. Also the threat of attorney fees added to their already wasteful loss will get them responding quickly. Another thing to do is read your rental/lease agreement make sure that they don't have a loophole to wiggle through.
one way to definitely get them hopping is to mention the 20 kg's of coke you had in there and the guys from Mazatlan that are heading here to pick it up..
Wowzers. I'm sorry about being picked in the 'it sucks to be me' lottery... That's just a strange, and crappy set of random circumstance.
Find a real estate attorney in town pronto and go in for an initial (ie, free) consult on your situation. I'd also let your complex know exactly what you're doing, in writing, every step of the way. In return, demand every piece of correspondence in writing/email or push it a bit further and openly tape record all conversations. In this situation, you can never have too much recourse. They really, really screwed this one up...
Other options include filing formal complaints with the Texas AG under tenant's rights laws, as well as giving them a thumbs-down on the BBB's online site.
A lawsuit may cost you some money, but if you've been wronged, they will likely settle with you before it goes before a judge. This just seems entirely too flagrant for anyone to find in their favor.
They threw away everything except a couple large items that I'm sure the maintainance people kept for themselves. They returned those items to me but all the boxes are trashed and gone.
Thanks for everyone's help! It is much appreciated!
I first want to thank everyone for their help is this long drawn out fight. Those of you I didn't already thank by DM again, my sincerest gratitude.
The scene now is I settled my lawsuit with the management company for the irreplaceable items lost. Now my renters insurance company, Liberty Mutual, refuses to pay my claim without seeing the settlement agreement, which I am bound by non disclosure not to divulge. Stonewalling me. The same lawyers for the complex who dodged my calls for 2 years now refuse to reply to my insurance companies requests for the agreement. Big surprise.
Anyone out there generous enough to give some advice of what to do next? I feel shafted by my own insurance but don't know what to tell them. I doubt they will ever get a look at the settlement, and will continue to refuse to pay my claim. Thanks in advance.
I first want to thank everyone for their help is this long drawn out fight. Those of you I didn't already thank by DM again, my sincerest gratitude.
The scene now is I settled my lawsuit with the management company for the irreplaceable items lost. Now my renters insurance company, Liberty Mutual, refuses to pay my claim without seeing the settlement agreement, which I am bound by non disclosure not to divulge. Stonewalling me. The same lawyers for the complex who dodged my calls for 2 years now refuse to reply to my insurance companies requests for the agreement. Big surprise.
Anyone out there generous enough to give some advice of what to do next? I feel shafted by my own insurance but don't know what to tell them. I doubt they will ever get a look at the settlement, and will continue to refuse to pay my claim. Thanks in advance.
The first issue was signing ANYTHING without having a proper real estate attorney look at the paperwork. Who in the world was representing you in that case? He should be disbarred for idiocy. Technically, even mentioning the case here would be a violation of any good non-disclosure agreement. That never should have been part of the settlement. I'm certain the insurance company can strong-arm the management lawyers. I've seen it happen before. Do you have a long-standing, good relationship with your insurance company?
There's a way out of this, but asking for help here is not your answer. Go find a new, better attorney and be prepared to fight. You're going to have to ask yourself how much you're willing to spend to 'be right' in this case. A good attorney is not cheap.
Folks, no matter how much you think it is a criminal act...it isnt. As always, this is not about right or wrong, this is about the way it is.
With a few exceptions, in order for it (and in particular this) to be criminal, there would have to be mens rea, an actual intent to commit a crime. That(most likely) is not the case here. No matter how much it sucks or how angry it makes you.
This is a civil issue.
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