I need to know something about landlord tenant situations

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Customer: I need to know something about landlord tenant situations
Answered by Sean K in 5 mins 1 year ago
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Sean K
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Sean K
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Sean K, Expert

Thank you so much for using JustAnswer. I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It’s my goal to provide a solid overview of your situation. If I am able, I will also provide you with some resources. Do note that I may have some initial questions to help me better understand your situation. As well, I want to make sure that your questions are all fully and completely answered, so if you have other questions that come up while we are talking, please let me know so I can address those as well.

I am sorry to hear that this is occurring.

How can I assist?

Customer
I stored some of my items at my client's house because I am his caregiver he let me do this and when I collected my things he wanted to keep a lot so he told the police it was his now I have to go down to the courthouse and file just do him is that correct
Customer
to sue
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Sean K, Expert

Have you made a written demand of him in writing for the return of the property? Not required, but wanted to confirm if that had or had not been done.

Customer
I was there with the police a little over an hour got a U-Haul to get all my stuff but didn't happen
Customer
should I go back with the police
Customer
no there was not a written demand
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Sean K, Expert

I am a little bit surprised that the police did not attempt to resolve the situation - however they are not required to do so. In other words, if they were to recommend a civil lawsuit, that would be proper as to their handling of it.

The reason I mention the demand letter is to strengthen your case - not that it is weak - but by doing a demand letter and giving him an opportunity to resolve it outside of court shows your reasonableness in the situation and often this will not sit well with the court; however, it is not required.

You are absolutely able to immediately file a lawsuit against him for the return of your property.

Customer
I need verbal arrangements with the lease management company to pick up my things at the facility and she gathered some of my things and put them outside after they routed through my belongings and then proceeded to keep things they wanted and lie to the police
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Sean K, Expert

Then you likely should either write a demand letter and call for the immediate return of your property or simply file a lawsuit.

Customer
how do I calm about this do I mail it or deliver it personally cuz I'm not allowed on the property
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Sean K, Expert

You would simply mail it.

Customer
should the letter have everything that is mine and that apartment or just keep it short and brief
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Sean K, Expert

I generally say to briefly identify the property, assert that it is claimed as your property and that they have say, 72 hours to allow you to retrieve it or you reserve all rights, including and up to litigation to recover it.

Customer
I got some of my things but not all cameras I need to have it all
Customer
the lease management company was telling me what I can and cannot have so I took only something not all
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Sean K, Expert

I would suggest doing the notice and then quickly filing suit if they don't turn it over.

Customer
it might take a few weeks in the mail
Customer
I'm confused because of my situation because the lease management runs the show and my ex clients life so who should I address this to my ex client or lease management personal
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Sean K, Expert

Send it priority mail. That will get it there in 3-4 days - track the mailing and then set out they have 72 hours upon receipt to turn it over. You address it to the client and if a suit is necessary, you sue the former client and the apartment management.

Customer
can u tell me why I would sue the apartment manager and how
Customer
wouldn't that be 2 cases
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Sean K, Expert

Of course. Anytime there are multiple players in a situation, there is a theory called "necessary parties." For instance, if you sued the client and only the client, the client could assert the defense of not having the property and the case against them may be dismissed.

By suing, in one case, (cases are often filed with many many defendants), your claims can go forward against all defendants in one matter.

Customer
I would love how to go about this and a estimated cost
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Sean K, Expert

Can you tell me how much you think the property is worth and the state in which the property is being held?

Customer
under $12000
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Sean K, Expert

And the state?

Customer
pa
Customer
I heard that like $100
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Sean K, Expert

So that is likely the cost to file a lawsuit. The reason i was asking as to the court is whether it would be small claims or not and at $12000 it would be out of the small claims court.

Customer
how long do u have to sue can u sue like 2 years later just asking
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Sean K, Expert

You are correct. In PA, the time limit for the suit will be 2 years from when you were denied the property.

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