Fire - landlord disposed of surving property without notice

[vortexeric]

My landlord disposed of my 24' box truck and contents that survived a fire where the building and contents were a complete loss. I was not behind on rent and actually got my deposit back since the building was un-rentable. My truck was damaged and could not be driven. I was arranging for another truck to put the contents in when I found out that the landlord had all ready disposed of my truck. He says he sent a letter by regular mail notifying me of a deadline for removal. I did not get this letter. Since he did NOT deliver notice in person with a witness or did NOT even use registered mail he has no proof of this notification. The contents of this truck are very valuable to me but I do not have the money for an attorney to prosecute this landlord. Where can I go for help????
Thank You

 

[Michael Wechsler]

How much money are you out? If it's less than $5,000 then the best place might be small claims court. How did the landlord dispose of your truck that you would have title to?

Originally posted by vortexeric
My landlord disposed of my 24' box truck and contents that survived a fire where the building and contents were a complete loss. I was not behind on rent and actually got my deposit back since the building was un-rentable. My truck was damaged and could not be driven. I was arranging for another truck to put the contents in when I found out that the landlord had all ready disposed of my truck. He says he sent a letter by regular mail notifying me of a deadline for removal. I did not get this letter. Since he did NOT deliver notice in person with a witness or did NOT even use registered mail he has no proof of this notification. The contents of this truck are very valuable to me but I do not have the money for an attorney to prosecute this landlord. Where can I go for help????
Thank You

 

[vortexeric]

At this time, the landlord will only say that the truck was put in a 40 yard dumpster and dumped at a landfill. This is not possible for two reasons. The truck is the same size as a 40 yard container and therefore would not fit and landfills do not accept vehicles. I believe that the landlord knows who has the truck and that the contents are valuable. The truck contained custom fabricated equipment that was developed over a two year period. The truck also contained our company's tools, motors, hydraulics and other valuables. The building where the equipment was fabricated was sold by its owner. The equipment was being stored in the truck while we were searching for a place to rent for demonstrations for marketing efforts. We purchased a replacement truck to transfer the contents since the fire damaged the windshield and tires. The contents of the truck were undamaged by the fire. The equipment may cost upwards of $150,000 to replace. Also our business is severely hindered by not having the equipment available for testing and demonstrations. We have customers interested in purchasing the production version for over $1,000,000 (one million dollars). I consulted a local attorney and he stated that even though the landlord says he mailed notice only by regular mail and I did not receive said notice...the court will believe that the locally prominent businessman is telling the truth and that we received the letter. Therefore the court may rule that the landlord was not negligent. I just cant imagine that a landlord would be comfortable disposing of property without written proof of notice.
Thank You.

 

[vortexeric]

Are there any special laws that are in effect because of the fire. The property was off limits during a standard investigation for cause. I did not receive notice at anytime from anyone that the property could legally be removed from the premises.
Thank You.

 

[Michael Wechsler]

I'm curious, how much time had passed since the fire before you had realized that the truck had been disposed of?

I would be inclined to agree with you that the disposal of a valuable piece of property would not happen without some type of proof of notice -- even a proof of mailing at the very least. Additionally, I would demand proof of the disposal of the truck or at least get a representation in writing, e.g. that it was put in a 40 yard dumpster and dumped in a landfill. Arm yourself with as much evidence as you can before you decide to go to court, even pro se.

What did the landlord state as his/her right to remove the truck from the premises? Did you have any prior conversations about the removal of the truck or other property?

Originally posted by vortexeric
At this time, the landlord will only say that the truck was put in a 40 yard dumpster and dumped at a landfill. This is not possible for two reasons. The truck is the same size as a 40 yard container and therefore would not fit and landfills do not accept vehicles. I believe that the landlord knows who has the truck and that the contents are valuable. The truck contained custom fabricated equipment that was developed over a two year period. The truck also contained our company's tools, motors, hydraulics and other valuables. The building where the equipment was fabricated was sold by its owner. The equipment was being stored in the truck while we were searching for a place to rent for demonstrations for marketing efforts. We purchased a replacement truck to transfer the contents since the fire damaged the windshield and tires. The contents of the truck were undamaged by the fire. The equipment may cost upwards of $150,000 to replace. Also our business is severely hindered by not having the equipment available for testing and demonstrations. We have customers interested in purchasing the production version for over $1,000,000 (one million dollars). I consulted a local attorney and he stated that even though the landlord says he mailed notice only by regular mail and I did not receive said notice...the court will believe that the locally prominent businessman is telling the truth and that we received the letter. Therefore the court may rule that the landlord was not negligent. I just cant imagine that a landlord would be comfortable disposing of property without written proof of notice.
Thank You.