Can my roommate keep my things???? (Austin: sublet, apartment, lease)

[roski222]

in March '12, my roommate and I began to sublet an apartment, after paying the rent for both April and May I realized that I was not going to be able to afford this place. so I decided to move out, I had mentioned moving out before with my roommate and she didnt really seem to care, she actually said she knew someone that could move in. So with that knowledge I decided to move out in June '12. She had gone out of town that first weekend and I had contacted her to let her know what my decision was.... I had gotten the majority of my things out that weekend but needed to get a truck to get my furniture (sofas and bed). when i contacted her the next week (after not hearing anything from her) I was informed that the locks had been changed and that she wants $200 and then she "may get the urge to let me in" (her words).

I dont know what she wants that money for.... shes coming up with all these "you owe me" excuses but nothing is really making sense... shes bring up things that took place months ago... and in that case why didnt she mention it then? We have been living together for the last 3 years and I always paid my rent.... there were times she was late and I had no problem with covering her!!!! I always bought the groceries and she sure did eat it, but still, I had no issue....

Also, my couches are brand new! I purchased them back in Oct '11 (still making payments) and her animal used it as her personal litter box, so I have to pay to get that cleaned! But shes saying I owe HER money???? and she wants to keep my things till I pay her???? Is she nuts??? What should I do????

[gabetx]

Call the police and have them escort you over there to get your stuff. If not, she can be charged with Larceny and arrested. This is assuming of course, you were on the lease or that you have the paperwork or something to prove that it was your property.

[testmo]

You shouldn't have moved into a place you couldn't afford and then force your old roommate to now pay for your half plus hers. Same thing happened to me in college (more than once). I totally feel for your roommate. Be thankful you apparently didn't sign a lease. If you did she has full right to go after you for breaking the lease agreement and not paying up. I didn't take the people in my situations things but I certainly made their life miserable until they got all their junk out.

You really left her in a tight situation.

[skelaki]

Legally your ex-roommate has no right to keep your things. To avoid problems have the police escort you to pick them up (assuming you can show legal ownership). Do not get into an argument with her; let the police handle any potential confrontation.

That said, you should not have rented a place you could not afford and neither should your ex-roommate. Always make sure you can afford to pay the rent on your own (even if it's a tight squeeze to do so) so that if and when a roommate bails out (as you've done here) you can afford the rent while searching for a new roommate.

If you can afford to do so, for the sake of keeping things peaceful, give her the $200 she says you owe but do so with the police as your witnesses and ONLY when she gives you access to your things. You don't have to do so legally unless she can prove you owe her the money but it would be a nice gesture as possibly she's now having trouble coming up with the rent on her own.

[CptnRn]

Read what the laws say about your legal rights where Austin Tenants’ Council/Tenant-Landlord Fact Sheets

If you had no contract with your roommates, it is very unlikely that they have any legal rights to keep your stuff.