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Can I sell roommate's leftover things to cover utilities he owe?

Discussion in 'Other Residential Landlord & Tenant Issues' started by Julieest, Jul 20, 2010.

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  1. Julieest

    Julieest Law Topic Starter New Member

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    My lease ended at the end of June.
    My roommate moved out, but I decided to stay.
    But he failed to pay for 2 month utilities, and left some random things at my apt. (microwave, water filter machine)
    He now refuses to pay for these utilities.
    I was wondering, because the lease has ended, and I paid in full for this apartment, he would have no right to this apartment or anything in it?
    I wanted to just throw the things out and accept my loss, but someone mentioned that I could sell them for collateral? I did tell him I would throw his things out if he didn't pay for utilities.
    Can I legally sell them?

    When he moved out he said he would pay for utilities, and I told him to make sure he takes all of his things because I have a new roommate moving in soon. Now he won't pay for utilities (2month $172), I already covered for him because utilities are in my name and I don't want to make late payments. I know that I can't force him to give me back utilities money since they're not in his name, and we did not write a roommate agreement about it. But it really pisses me off that people can get away with these things.
     
  2. army judge

    army judge Super Moderator

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    You can't dispose of your roommate's belongings.
    The landlord is the one that is responsible.
    He/she (the landlord) has a duty to secure the belongings.

    You should contact the landlord and make sure he/she takes possession of the roommate's property.
    Make sure you get an inventory of the goods.
    Otherwise, your roommate could sue you!







     
  3. Julieest

    Julieest Law Topic Starter New Member

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    well.. since the original lease ended, the landlord let us keep living here on a month to month lease. I understand the things you posted but we did not all move out, I still live here. I wouldn't think it is the landlord's responsibility to clean out everything since I'm still here, that would make me the only left on the lease who is still living here, and responsible for this apartment?
     
  4. army judge

    army judge Super Moderator

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    Then, you have to do what the landlord was supposed to have done. You become a de facto land lord.

    Those instructions apply to you.
    If you destroy or dispose of the property, you open yourself up to some legal sanctions.

    That is, if the firmer room mate objects. As soon as the stuff is destroyed, sold, or goes missing, here comes the room mate complaining and suing you.

    Don't say I didn't tell you.

    Personally, I can't tell you what to do.
    You asked a question, I gave you an answer.


    Sent from my iPhone using Tapatalk
     

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