Can my old roommate sue me for throwing her belongings away if she moved out?

Question

First of all there was never a lease signed. My parents own the house and I pay them rent. I had a roommate living here in September 2010. October came around and she paid with a check then put a stop payment on the check. She never stayed here however all of her belongings were still here. She then said because she never stayed at the house she was not paying rent and "does not live there anymore" then continued to say she will be by to pick up her things in a week or next week and kept pushing the date back. I then told her that she owes me money for rent since she is continuing to use her bedroom to hold her belongings in it. She disagreed to paying money so I told her that I need to rent the room out to someone else. I cleaned out her room and currently have all of her belongings in my garage. I have recently told her that I am throwing the things away and she just keeps replying she will be by to pick them up in a week and then that turns into 2 weeks and so on. It is now the end of December and I have told her I am throwing everything away seeing as I have not seen her since September nor has she paid rent of any kind. She is now threatening to sue me for throwing her things away? Should I continue with my plan to just toss her belongings away or continue to be a free storage unit?

Answer 1

Send her a certified letter indicating that she has until a certain date to retrieve her belongings or they will be considered abandoned and if she does not retrieve them, you will then discard her belongings. Also take pictures of her belongings.



You will then be protected if she should sue and can counter sue for unpaid rent.

Answer 2

Honestly, if you don't need the garage space, it doesn't hurt you to be nice to her, and keep the belongings in there for the time being. For someone to leave all their belongings behind, she may not have another place to live, and may really not have any money.



If you do need the stuff out, give her a very clear date that the items absolutely must be gone (make it at least 3 weeks in the future), and maybe leave the garage unlocked, if that's not a security issue for the house. On the day you do get rid of it, I agree with the other comment to text her that her stuff is on the curb.



If you document her lack of rent, and your efforts to get her to pick up your stuff, I don't think she has any grounds for suing you.

Answer 3

Yes she can!!!



As long as her belongings are there, she is technically, still living there in the eyes of the law.



You were required to give her a 30 day notice IN WRITING.



The judge will ask you to prove that...and you will be unable to....therefore, she will win.



So if you still have her things, send her an e-mail via facebook which is great, because it timestamps the notice...send her a text and photograph the screen...wait 30 days, then toss her things.



However, you CANNOT hold her belongings hostage in lieu of rent...that also, is illegal. Landlords cannot do it...neither can you.

Answer 4

Sue Me Clothing

Answer 5

she can sue you, but she likely not win becasue it has been a few months that her stuff left behind, and they could be considered abandoned, especcially she isnt paying rent.



but on safe side, send her a registered letter requiring her signature, or a text message, or an email getting her response to your last warning of two weeks to pick up her things and, if not, her things will be to the garbage. The above will be used as evidence in court if she sues u for throwing them away as garbage.

Answer 6

You need to send her a letter - certified mail, return receipt telling her that she has 45 days to remove her belongings from your garage. After that you will consider the property abandoned and dispose of it. Be sure to list the date in your letter.



As it is, you have no proof of anything.



She would sue you and say "she never said a word to me. She just threw my stuff away." And you have no proof that you gave her notice.



By sending her a letter and giving her 45 days to remove her stuff, you have gone a little beyond and will be better able to defend your actions should she file a law suit.

Answer 7

If you have given her an adequate window to collect her belongings, you are under no obligation to store them indefinitely. If she has had October, November, and December to pick her stuff up, I think it would be perfectly reasonable for you to get rid of it. She has had three months to remove her property from your place and the fact that she has failed to do so means that she has abandoned that property. This means you can do whatever you like with it. She has no case against you if you throw her stuff away at this point because she has had more than ample opportunity to come a collect her belongings.

Answer 8

Do not throw away her belongings. Document what has occurred, and then demand that she pay storage charges BEFORE you give possession of her belongings to her. You can do THAT legally, as long as the storage charges are reasonable. Again, document this clearly, sending her invoices stating that she owes storage charges. You are entitled to hold the possessions hostage until she pays.

Answer 9

Good question, I was wondering the same thing myself

Answer 10

Interesting, I was wondering the same thing myself

Answer 11

go to the online court shows for your answer.i think it would give you a better answer then anyone.

Answer 12

i would txt her and tell her her stuff is out by the curb, and she'll make time to come get her stuff. and actually put her stuff outside. its not your problem anymore.