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View Full Version : What can I do?...KS


lost_in_kansas
03-30-2006, 01:54 PM
First of all I had a friend who's boyfriend was being evicted from his home so I let him rent my guest house from me. When he left he owed me $550 in rent and he had broken things like a window and a light fixture. This was over a year and a half ago. When he left he left a dryer and some papers that looked important so I put them in a bag and left everything outside for him to pick up. I also let him know that they were there. He never came and got it. So after about 5 months I gave the dryer to another friend because she asked if she could have it. Now the Ex-girlfriend of the tennent(my friend) is now stating that she wants paid for the dryer because it was hers not the tennet's. But she never lived in the house does she have any grounds at all? And if she has grounds for a claim can I go after her for the money I'm owed? :confused:

Marketeer
03-30-2006, 03:22 PM
Most states have very specific laws governing what to do with abandoned/unclaimed property, like the dryer. They normally involve giving the owner of the property sufficient notice, by registered mail, and not disposing of it until a statutory period has run. So, yes, the girlfriend can sue you, probably in small claims court, for the value of the dryer. Whether she can win will depend on what steps you took to follow the law with regard to the property.

You, in turn, can sue your friend, not his girlfriend, for unpaid rent and damages. You likely can't sue the girlfriend since she neverl lived there.

lost_in_kansas
03-30-2006, 03:30 PM
but what I'm saying is first of all the dryer was never accually in the house because there was no hook ups so there-fore if it was hers then why was it here instead of at her house and I gave him 5 months to come get it and I told him to come and get it a bunch of times and he said he would but he never did. Question is, If she wants me to pay for a dryer that was left can I make her pay for the back rent owed? Because if it was hers than why was it here?

Marketeer
03-30-2006, 04:57 PM
Because it's not a tit-for-tat situation. The laws governing abandoned property are separate from the laws governing landlord-tenant situations.

You had an agreement with someone to rent your guest house. If you want your back rent and damages, you go after the person who was renting that house to enforce the terms of your rental agreement. You don't go after someone who was, at best, a guest in that house. If the guy is judgement proof, so be it, but it doesn't mean that you get to look around for parties to sue.

I certainly wouldn't just pay her for the dryer, however. I'd wait till she sues and let a judge listen to both sides of the story. You could potentially argue that she made a completed gift to your friend because the dryer was at the house he rented from you and that he should be coming after you for its value instead of her. If he does, you will still need to prove that you followed your states process and procedures for tenants who leave property behind before you disposed of the dryer.

elklaw
04-06-2006, 10:46 AM
Well the dryer was at your place and she was not listed as a tenant of the property and how do you know the dryer was even hers because it was there and at your tenants and she was not residing there so that sounds like she is after some free money, so I would say her grounds are about zero. If she allowed him to use her dryer and he did not return it, her redress is against him for abandoning her property. In short, the dryer should be between him and her, since she was not a tenant. You should consult the lease to see what power it gives you over proeprty left by the tenant and disposal of the property. You also should consult a local attorney and get a formal damages judgment since there are damages. You will have to serve your tenant, however.

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