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Posted by Dayan on August 15, 2001 at 11:02:36:

In Reply to: LL Threw Out My Posessions...Need Advice posted by Dee on August 13, 2001 at 11:30:14:

You are entitled to "treble" damages for everything that was lost or missing. File a police report of illegal eviction, and of THEFT, because the super stole your radio and your electricity.

Before you go to court, make a list of everything that was left at the apartment and its approximate value. If possible, look for pictures of your radio or any other property you owned that your landlord/super tossed out. If you have the serial/SKU numbers you can look up the approximate value on the web or by calling the store you bought the item at. Also, keep your electric bill and have some proof that you were not on the Premises at the time the electric bill was incurred.

Also, try talking to the super again about what happened with your stuff and see if you can tape the discussion without him knowing you are taping it. (It is admissible in court if one party involved in the conversation, i.e., you, consents to the taping.) If the guy calls your stuff crappy, and either admits or implies that he did indeed toss your stuff out, that tape then becomes evidence against him in Court, especially since once you get to Court he's going to deny everything.

Also have a copy of your lease to show that you were leaving prior to the leases' expiration, this really doesn't matter because even if you were "holding over" after the expiration of your lease, he still doesn't have the right to toss your personal property. It does show the judge that you were acting in good faith and in line with your lease, which is good for you.

Take all of SamE's advice. And I think the place to go with this is not landlord/tenant but small claims court. I could be wrong though, so check with the clerk of the housing court first and/or contact a lawyer.

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Comments:
: You are entitled to "treble" damages for everything that was lost or missing.  File a police report of illegal eviction, and of THEFT, because the super stole your radio and your electricity.

: Before you go to court, make a list of everything that was left at the apartment and its approximate value.  If possible, look for pictures of your radio or any other property you owned that your landlord/super tossed out.  If you have the serial/SKU numbers you can look up the approximate value on the web or by calling the store you bought the item at.  Also, keep your electric bill and have some proof that you were not on the Premises at the time the electric bill was incurred.

: Also, try talking to the super again about what happened with your stuff and see if you can tape the discussion without him knowing you are taping it.  (It is admissible in court if one party involved in the conversation, i.e., you, consents to the taping.) If the guy calls your stuff crappy, and either admits or implies that he did indeed toss your stuff out, that tape then becomes evidence against him in Court, especially since once you get to Court he's going to deny everything.

: Also have a copy of your lease to show that you were leaving prior to the leases' expiration, this really doesn't matter because even if you were "holding over" after the expiration of your lease, he still doesn't have the right to toss your personal property.  It does show the judge that you were acting in good faith and in line with your lease, which is good for you.

: Take all of SamE's advice.  And I think the place to go with this is not landlord/tenant but small claims court.  I could be wrong though, so check with the clerk of the housing court first and/or contact a lawyer.


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