Can I legally discard my former roommate's belongings?
The person was arrested for assaulting me in my home a couple weeks back. The officer informed me that they would have to go to court and get a police escort if they WANTED to come and get their belongings. But if this person chooses to be spiteful and leave their belongings here, would the law be on my side if I discarded them due to the person being arrested for assaulting me? I haven't heard anything from the officers or the person since the day of the arrest. While I should have asked for more information from the officers at the time I admit I was so happy they were getting arrested it all slipped my mind
- BortLv 63 weeks agoFavorite Answer
You will have to seek legal advice for this. See if there's a free legal aid service in your area that will answer this for you. Generally in all states of the US when a person is evicted or moves out they have 30 to 60 days (depending on the state their belongings and former home was in) to collect their things. If they don't the landlord (not other tenants) can then dicard of their belongings. The answer you're looking for and need is dependent upon the laws of where you are. Due to the circumstances landlord/tenant laws may not apply but either way I still think it's up to the landlord, not you as a tenant if you're renting.
Don't trust any answers you get here. Especially since you didn't include where you're from - the quality and accuracy of answers here on yahoo are always questionable. You need the real answer for this so you don't cause yourself any more trouble.
Your local magistrate might not be of any help because they won't give any legal advice and that's what you need but you can try there. Your absolute best bet is finding a lawyer that isn't a ton of bullschitt and find out what you can legally do and when you can do it. You can get rid of their stuff but when and how is the thing...
A lawyer will know that answer. You can try the police too but there's no guarantee what they tell you is the accurate legal thing to do either because they don't and can't enforce tenancy laws. Whenever there's a tenancy issue the only form of law that can actually do anything is a lawyer and your local magistrate.
The magistrate won't give legal advice because of liability concerns. The most they'll do is tell you the same thing: Get an attorny.
...(magistrate)...that is...if you're even in the US...
Another place you can try getting the answer you need is your local D.A.'s office. Again...if you're in the US.
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- Anonymous3 weeks ago
Look up the laws in your municipality regarding eviction procedures and proceed with caution.
- David SLv 73 weeks ago
No, you can't discard their belongings...not yet, anyway.
Prepare a letter telling them that they have 30 days from the date of the postmark (send it certified with return receipt), to retrieve their belongings. That will discharge your duty under the law to notify them. If they have not collected their things within the 30 days, then you will be free to dispose of the property as you see fit. Whether or not they sign for the letter won't be your problem.
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- 3 weeks ago
No, you cannot. In fact, they are still your roommate. They still legally live there.
- Anonymous3 weeks ago
Laws regarding abandoned property vary.
In most circumstances you have to at least make a documented effort to let the person know they need to pick up their things by a certain date before you dispose of them.
- 3 weeks ago
This guy who assaulted you, you probably hate. But it’s good to have morals and show integrity. So that being said I don’t think you should throw out his belongings. Instead I'd try to get a storage unit under his name and money. Then you could get his stuff out of your house and he could still have it when he get released.