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LegalGround >> Question about lease.


4/13/09 4:53 PM
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voorhees
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I have a question.

In october of 2008 my GF and I broke up and I moved out.

I signed off on our lease and left.

I am moving into my own place in a couple of weeks and I want a couple of pieces of furniture back.

So I e-mailed her and asked her to give them back,and just like I expected she said no.She also said that if she wanted to she couldve made me pay for half of three months rent and half of a com ed bill if she had wanted to.

So I called our leasing office to find out the status of me on the lease and they told me that I am still on the lease because she never followed up the proper paperwork to remove me from the lease.

So my question is.. if I ask for a copy of the key to get in,will they give it to me(without telling her)and if they give me a key,and I go there when she isnt home,and take my furiture back,will she be able to do anything about it?
4/13/09 5:23 PM
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goku
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this is all very complex. have you considered homicide?
4/13/09 5:30 PM
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voorhees
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Yeah.
4/13/09 9:52 PM
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PittWrestler
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Did you stop and consider that she might give you teh herp?
4/14/09 6:13 PM
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goku
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the practical way i see this is like this:

either you are allowed access to the property, meaning you probably owe back rent OR

you are not allowed access to the property, meaning you are trespassing regardless if you dupe the office to give you a key

there may be some law about being able to reclaim your property by trespassing, but i don't think you can resort to that unless you for some reason are not able to avail to the cops to escort you on the premises to get your stuff

what do you mean you signed off on the lease? what does she mean she can charge you for rent owed?
4/14/09 6:31 PM
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voorhees
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I signed the initial paperwork to be removed from the lease.

She had to then follow it up by later filling out some more paperwork and paying a fee of some kind to finalize it.

The leasing office told me she never bothered and therefore I am still on the lease.If they give me a key it wouldnt be duping.

She believes that she could charge me for 3 months(ample time to get a new roommate or some bullshit like that)of rent after i moved.
4/14/09 6:37 PM
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goku
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try to work it out with her. it was your responsibility to follow through and make sure your name was removed from the lease.
4/14/09 6:50 PM
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voorhees
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impossible.I just want my shit back and I am wondering if me still being on the lease is my way to get it.

Besides,she lied to me like a month ago and said her sister was the new leaseholder along w/her instead of me,and now I know thats not true.
4/14/09 6:54 PM
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goku
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"impossible.I just want my shit back and I am wondering if me still being on the lease is my way to get it."

if you are on the lease, that probably means you owe all the back rent..is your crusty underwear worth it?
4/14/09 7:30 PM
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jbapk
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goku already nailed it, but your plan probably involves explaining yourself to the local cops when the chick calls in a complaint when she comes home and finds stuff missing, and almost certainly involves you paying three months of extra rent.

Unless we're talking about your mother's ashes, or the furniture is worth more then 3 months rent, best to walk away.
4/14/09 8:07 PM
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GladiatorGannon
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jbapk - goku already nailed it, but your plan probably involves explaining yourself to the local cops when the chick calls in a complaint when she comes home and finds stuff missing, and almost certainly involves you paying three months of extra rent.

Unless we're talking about your mother's ashes, or the furniture is worth more then 3 months rent, best to walk away.



there is about a 100% chance that she'll call the police and charge you with burglary etc.

it will be taken seriously as a "Domestic" and she will be strongly pressured to file a Restraining Order against you because you are so obviously dangerous.

after you explain your situation, the judge will know it's bullshit, but will leave the RO in place "just in case".

it will follow you around for the rest of your life. not worth it IMO.
4/15/09 1:48 PM
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voorhees
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But its just that I dont see how she could charge me w/burglary if...

1-I am still on the lease(I have a legal right to be there)

2-It is still my official address(I still get some mail there she just throws it out)

3-I think I still may even have the receipts for a couch and chair(which are the 2 main things I want)

I understand what you guys are saying about how its not worth it,but she is keeping EVERYTHING we accumulated together and the couch and chair were mine before and in todays economy I dont really want to go out and spend another 1000 dollars on a living room set for my new place.
4/15/09 2:06 PM
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goku
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"1-I am still on the lease(I have a legal right to be there)"

do you have a legal right to be there if you are not paying rent?

if you have a true legal right to the property and are not worried about your liability for paying additional rent, tell her to either let you get your stuff back or you will ask the police to help you get it back...if all else fails you can sue her
4/15/09 2:06 PM
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goku
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and why didnt you get that stuff out in the first place?
4/15/09 2:23 PM
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voorhees
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goku - "1-I am still on the lease(I have a legal right to be there)"

do you have a legal right to be there if you are not paying rent?

if you have a true legal right to the property and are not worried about your liability for paying additional rent, tell her to either let you get your stuff back or you will ask the police to help you get it back...if all else fails you can sue her


I can only assume,(I will be talking to a lawyer soon)That I have a right to enter the premises and retrieve belongings if I am still on the lease.

I also assume I would only be on the hook for rent of any kind if I decided to reside there again,seeing as how I have been gone since october,her sister has been there since september and is now her paying roommate.

She mitigated her rent immediately by doing that and I have not been living there so I think I would win any legal argument there.

I didnt get my stuff out right away because I moved in w/a buddy and had no where to put it,and @least for a short while,me and her still talked and there was a possibility that I was going back there.

That turned ugly real quick and by then it was too late to get my shit back peacefully.
4/15/09 3:05 PM
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goku
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no, you can also assume that even if your name is on the lease, because you are not making payments, you are not entitled to enter the property without her permission...

and you say you left in october but her sister has been there since september...did you pay october rent?
4/15/09 3:08 PM
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voorhees
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yes.
4/15/09 5:27 PM
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GladiatorGannon
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voorhees - But its just that I dont see how she could charge me w/burglary if...

1-I am still on the lease(I have a legal right to be there)

2-It is still my official address(I still get some mail there she just throws it out)


because she isn't going to carefully lay out your defense when she calls the police, she is going to only give the facts that make you sound like an asshole.

these things will probably get the case dismissed...AFTER a warrant has issued, you have been publicly arrested in a humiliating manner, and the judge has already issued an RO that will make your life miserable.

i respond to these calls for a living, cover yourself.
4/16/09 12:49 AM
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voorhees
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Gannon,would you advise that I notify the police beforehand and tell them the facts?

I could even ask an officer to come with.
4/16/09 7:17 AM
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BarkLikeADog
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Look, bro, we covered this on the other forum & now lawyers & cops are telling you the same thing.

You do not live there. You are not entitled to enter the premises. There is so much evidence to support that fact that any judge will get ANGRY with you for trying to pretend otherwise. You moved out. Someone else moved in. You have been living elsewhere. Paperwork was filed stating you were moving out. People witnessed all of this. Friends will have to perjure themselves if called as witnesses to support your BS claim.

That the paperwork was never finalized is a BS loophole that no court is gonna buy.

The landlord knows your situation & is no way in hell gonna give you a key without alerting her &/or the cops to absolve themselves of liability.

Best case scenario, you are gonna spend more than a couple grand in court costs, lawyer fees, & lost wages to retrieve a grand worth of shitty used apartment furniture that 10 years from now you will be asking yourself WTF?

Either deal directly with the chick or forget it & move on.
4/16/09 1:02 PM
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voorhees
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Edited: 04/16/09 1:07 PM
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Bark,no lawyer has told me ANYTHING yet.Gannons response is the most qualified one I have gotten so far.

I have a legit legal standing in this matter and it is not a BS loophole.I am sure the police and the leasing office will cooperate if i do it all correctly.

You may say my claims as far as the lease and me being on the premises are BS but guess who would be on the hook for the rent if it went unpaid?Yep.ME!

To advise me to just let it go is unrealistic for me because I NEED my furniture back for my new place and some of it is personal items as well.

Letting a bitter,uncooperative bitch keep EVERYTHING that was "ours" I suppose I can accept.

But for her to keep what was MINE is not acceptable especially when I need,have a legal right to,and can recover it.

I just have to do like Gannon said,and cover my ass in this matter.

I will handle this I just have to do it right.
4/16/09 1:51 PM
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goku
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"I have a legit legal standing in this matter and it is not a BS loophole."

why do you assume this to be true? im just an attorney that works on contracts all day, but i am not so sure you have the right to go in and out of the property as you please if you moved out and no longer pay the rent, despite the fact that technically your name is still on the lease...

and to nip your next argument in the bud, i don't think it matters that "your" property is on the premises...either you have the right to enter the property or you don't...i don't think you do...
4/16/09 2:06 PM
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voorhees
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Well goku,what the hell does a lease mean then?

The day I signed off on it they told me that didnt absolve me from any potential obligations of it,(like rent potentially)until it was followed up on and it wasnt.

So why the hell wouldnt I be able to enter the premises?

If I had a copy of the lease w/my name on it,receipts for my shit and my ID w/my that address in my hand what cop would tell me I cant enter?

What more proof would I need?
4/16/09 2:18 PM
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goku
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"
Well goku,what the hell does a lease mean then?

The day I signed off on it they told me that didnt absolve me from any potential obligations of it,(like rent potentially)until it was followed up on and it wasnt.

So why the hell wouldnt I be able to enter the premises?

If I had a copy of the lease w/my name on it,receipts for my shit and my ID w/my that address in my hand what cop would tell me I cant enter?

What more proof would I need?
"

im sure your ex will say, well he moved out and doesnt pay the rent...yes, you have a signed piece of paper but that is not always definitive

think about it this way, because your name is on the lease, does that mean you can just show up whenever you want and use the bathroom? sleep on the couch? jack off in the corner?
4/16/09 2:35 PM
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voorhees
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think about it this way, because your name is on the lease, does that mean you can just show up whenever you want and use the bathroom? sleep on the couch? jack off in the corner?


of course not,but I think it @least gives me due course to enter the premises @least once & retrieve property.

Same as repo-ing a car or something.In fact much more so.

Besides she could tell the cops I moved out,etc. but I doubt they would care about the civil issues they would probably just say "get your shit that you can prove you own sir,and then you should go home."

It is a civil matter.And BTW,I am not sure if I COULDNT do the things you mentioned legally if I was an asshole and felt like it.

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