Posted on 01/17/2012 10:22:29 PM PST by HiTech RedNeck
Assumption not in evidence.
One of the great things about living in the United States is that we live under a system of law that says two wrongs doesn’t makes a right.
I agree burglary is LEGALLY more serious than not paying rent. But not paying rent is legalized theft, IMO.
Your friend is no hero in this, I have never missed a mortgage or rent in my life. And if I did I wouldn’t cry if the locks were changed and my crap pushed out on the street. Legality? It’s called being an adult. You and your friend are embarrassing...You’d think being in the Marine Corp would have taught him how to act like a man.
“Those pointing at my buddy and saying “scofflaw” need to look in a mirror.”
Those with a mirror hanging on the wall to look into would not see a “scofflaw”, more than likely.
I think what folks are responding to is your buddy not looking in the mirror before being tossed out on his ear and realizing that his landlady, if that is really what she was, was being deprived of her livelihood by your buddy.
You lament bankruptcy....does your buddy not think that the landlady must pay her mortgage, and is likely in a tough spot herself?
You and your buddy seem to have approved of the informality and ease of moving into this arrangement (with no credit check, or lease) but now decry the lack of due process and “certified letters” informing him of what he well knew - you gotta pay the rent.
That’s how it is with far too many renters. They lie, misrepresent, and make excuses to get into a place, and then cry a river about being made “homeless” just because they don’t pay their rent.
Your buddy should look into the mirror. He should see a selfish deadbeat asshole. He can and should resolve to no longer be that person. Having a friend like you to enable his victimhood is not helpful in the least.
Go hat in hand to the landlady. I’ll bet she’s got more compassion for him than you claim, even though he probably doesn’t deserve it, given his lack of compassion for her.
66-17-101. Scope of lien.But consider this, if she has the wherewithal to make the goods disappear, what other forms of retribution might she be capable of? You can be right but you can also be dead right if you catch my drift. Tell your friend to make nice with the lady.
All keepers of hotels, boardinghouses, and lodging houses, whether licensed or not, shall have a lien on all furniture, baggage, wearing apparel, or other goods and chattels brought into any such hotel, boardinghouse, or lodginghouse, by any guest or patron of the same, to secure the payment by such guest of all sums due for board or lodging.
And I thought there was no such thing as a former Marine.
Can he prove that the goods were removed by someone working for the landlord?
Why? The police will tell him this is a civil matter. An honest lawyer will tell him to pay the landlady. A dishonest lawyer will have him plunk down $1,000 first before he does nothing for the guy.
Nope. Your buddy didn’t pay his rent and she has the right to evict.
The landlady need do no more than post a “notice to quit”.
I’m going to bet the person responsible for servicing and clean out will say they did serve and posted it on the door.
Then I’m going to bet your buddy left his apartment for a few day as well.
The server will have likely taken pictures of the clean out and noted the conditions.
If there were expired foods in the fridge, the electricity was off, there were dirty dishes lying around, etc the person who did the clean out may very well be within his right of assumption that the property was abandoned.
So they may have the legal right to actually toss his belongings in the trash.
If the landlord is keeping the property stored then she is required to inform your buddy where he can pick his stuff up. He will be required to pay, at a minimum, the costs to move and store his belongings.
Dude!
I know you and your buddy are upset but, the woman is entitled to her property and defining it use by terms and condition.
Tell your buddy to ask where his stuff is and what is required to get it back.
IANAL ...
But I used to be an absentee landlord in Virginia. I had some issues with deadbeat tenants.
I was advised that taking personal property in lieu of rent was at best a very bad idea (I would have to get it all appraised and give the tenant a receipt for it, and thereby open myself to lawsuit regarding the valuation) and at worst criminal theft. The law in Virginia specified what my rights as a landlord were, and in general taking a tenant’s personal property (even a deadbeat tenant) was not one of them.
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