old roommate discarded belongings without notice

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Karmagal

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I recently moved out of an apartment which I shared with two roommates. We'll call them A and B. A stayed in the apartment, her boyfriend moved in and they signed a new lease. B moved out and stored her things in the apartment's spare bedroom (with permission from A and her boyfriend) while she stayed with a friend until moving into her new place. When I showed up one Friday after work with to have my sofa and dinette set removed from the apartment (both of which I donated to a community substance abuse home in my neighborhood), I discovered that roommate A had removed my books from my bookshelf that was left in the apartment and put them into boxes for me. How nice of her. She said "you can take these books with you too." I told her "I can't take the books this trip because this mover who's moving this sofa and dinette set for me is not taking them to our (my husband and mine) apartment. I will come back the weekend after next to get the books and take them home in a cab. I will give the bookshelf to super." Her reply was "oh, ok. You can move the books into the spare bedroom with Roommate B's stuff." Roommate A then proceeded to HELP me move the three boxes of books from the hallway into the spare bedroom with Roommate B's belongings.

Two weekends later, I contact Roommate B because I know that the day I told Roommate A that I would be back to remove my books was the same day that Roommate A would be moving her belongings from the spare bedroom. I told Roommate B I would be by the old apartment to get my books. Her response was "she gave your books away. She said she got tired of emailing you so she gave them away last night."

When I texted Roommate A she said "You told me you'd get it last week. I didn't hear from you at all. They're your books, you should have been the one asking about them, not me." She heard me wrong. I clearly said to her TWICE "THE WEEKEND AFTER NEXT" during my last visit. Roommate A has my address, my work address, my phone number and my email address (both personal and work). At no point was a deadline (before discarding) discussed. At no point did she ever contact me letting me know that she would be throwing out my books.

I happen to have a very recent picture of the bookshelf with ALL of the exact books on it that she threw away, taken INSIDE the apartment in the exact spot that the shelf had always been. I tried selling the bookshelf on Craigslist a month or so prior (just before moving out) so I had taken a picture to post in the CL ad.

Some were textbooks from college courses taken, some were makeup books, some were classics, and some were gifts. How do I recover the cost of my discarded books??
 
File a small claims court suit. She had a duty to care for your property. If she felt your property was abandoned there is a very strict procedure to get rid of abandoned property which involves sending certified letters out and waiting the requisite amount of time. Usually it takes 60-90 days to be able to safely discard property. You won't be able to receive the new or replacement value but you can get the depreciated value. Go to a used book store and figure out what this twit owes you. Send her a demand letter that explains what she did wrong, demand that she pay you for your lost books (include a list) and explain that if she doesn't you will sue. Good luck.
 
Thanks! Where can I find info that supports written notice is required before discarding property, or other details on that law?
 
I took her to court and won. Woohoo! I asked for a ridiculous amount on purpose (figured ask for the highest amount you can, even if it's ridiculous). Her defense was weak basically saying that I had my dates wrong and that she was more than accommodating by allowing me to leave my things there after moving. But once the arbitrator asked her if she'd contacted me before tossing my things, to give me notice, and she said "no," he said "you will receive my judgment in the mail within two weeks." She had two opportunities to settle out of court (I sent her a demand letter before filing with small claims) but I guess she figured it was worth the risk of having this judgment against her on her credit report.
THANKS FOR ALL THE HELP!
 
Good for you... now hopefully you can get her to pay.
If she doesn't pay voluntarily then you still have some work ahead of you.
 
I contacted her as soon as I received the judgment in the mail and infofmed her that according to the notice, it was suggested that I contact her directly and that I am entitled to receive the payment within 30 days. She responded with "I will send you a check within the allotted (big word for her) 30 days." I think she will send a check but being that I can no longer trust her, I will cash it rather than deposit it.
 
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