What can I do if my fiance and Iwent to work and our roommate put our belongings outside?

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What can I do if my fiance and Iwent to work and our roommate put our belongings outside?

My roommate toldmy fiance and I that she has put our belongings outside. What can I do about that and what is the property manager’s responsibility in all this because she told me that she was not getting in the middle of it?

Asked on January 15, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you rent from the landlord, the roommate has no right to do this--only the landlord or property manager could evict you, and then only if you violate the lease, don't pay rent, or do something else signficantly wrong (like deliberately damaging building property). Since she has no right to do this, you could simply move back in--or if she tries to physically keep you out, you'd sue for a court order that she stop interferring with you and for monetary compensation (e.g. for any lost or destroyed items, cost of a hotel room until you're back in, etc.).

If you sublet from the roommate, she could evict you, but only under the same circumstances (e.g. nonpayment) as the landlord--and she has to do it through the courts. Failure to do so legally again means you could sue for reinstatement and damages.

If you are a guest of the roommate--it's her apartment, and she's just letting you stay there without paying--she has the right to ask you to leave at any time; though if she did not give you prior notice to get out before putting you belongings on the street, you could sue her for  anything lost, broken, stolen, etc.

The property manager is not obligated to get involved; if  you rent from the property manager or landlord, they should support you in getting back in, to the extent of letting you back in, but don't have to actively stop the roommate from doing anything.


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