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Roommate's Failure to Pay Rent Resulted in Eviction and Loss of All Property

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  • 12-10-2015, 08:39 PM
    DAus
    Roommate's Failure to Pay Rent Resulted in Eviction and Loss of All Property
    My question involves landlord-tenant law in the State of: PA

    One single home was rented for over a year. The two people on the lease were the Primary Tenant (PT) and her dad (PTD). The PT originally lived with No Name Nancy who was responsible for roughly half of the rent until Nancy moved out sometime over the summer of 2015. Around 8/15, Unaware Share moved in and agreed to pay half of the current rent charges.

    On 11/20/2015 both PT and Share were evicted from the rental property due to an outstanding rent balance dating back to 10/14. PT claimed to have no idea why they were evicted as Share paid her portion of the rent to PT, and PT paid the landlord in full each month.

    After reviewing the court dockets, it appeared that the landlord was after half of each month's rent since 10/14; possibly that Nancy hadn't been paying but seeing as she isn't on the lease or anywhere in the picture. Landlord began the eviction process in August or earlier and had sent multiple certified letters to the residence in question. According to court dockets, a male in the home accepted a court ordered hearing request from a server sometime over the summer.

    Since 11/20, PT claimed she was reaching out to the Landlord to figure everything out and that she had contacted PTD to pay the past due balance and retrieve their personal belongings. PT continued to tell Share that she was waiting to hear from her dad or the landlord and that they could retrieve their property inside. PT began to mention that there was a chance that Nancy hadn't paid a few months rent.

    Eventually Share contacted PTD directly and discovered that he was completely unaware of the entire situation, even though he was the cosigner, all mailings and contact attempts went to the residence in question.

    With almost a month since the eviction, PTD finally spoke to the landlord and learned he owed roughly $10k in past due rent and that all of PT and Share's property had been thrown out. Seeing as the situation was caused by PT and her lack of responsibility, PTD offered to send a check to cover Share's lost property

    My questions are:

    What is the best way to go about this situation seeing as it seems that PTD is willing to "make things right"?
    I have a feeling that getting a lawyer for Share is advisable. PTD is very very wealthy and successful and might want to brush this under the rug asap.

    If a lawyer is hired, is there any way to pass the lawyer's costs onto PTD? It doesn't seem fair for Share to lose out on trying to get back the possessions she already lost.

    How does Share protect herself and guarantee she is reimbursed if PTD isn't willing to pay the asked amount?

    What kind of agreements might be written up?

    Will Share have to pay taxes on any checks that she receives?
  • 12-10-2015, 09:56 PM
    Mr. Knowitall
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    Quote:

    Quoting DAus
    View Post
    What is the best way to go about this situation seeing as it seems that PTD is willing to "make things right"?

    If Dad is willing to make a generous gift to you to cover your losses, unless you don't want to accept the gift, the thing to do would be to cash the check.
    Quote:

    Quoting DAus
    I have a feeling that getting a lawyer for Share is advisable.

    If you want to hire a lawyer, it's your money. But it's not clear why you think it's anybody's fault but your own that you chose not to recover your property after the eviction order was issued, instead of abandoning it such that the landlord had to dispose of it.
    Quote:

    Quoting DAus
    PTD is very very wealthy and successful and might want to brush this under the rug asap.

    It's not clear why you imagine that dad would feel any need to sweep anything under the rug, but as he's offered you a generous gift you can either take it or tell him that you don't want his money because you prefer to sue his daughter.
    Quote:

    Quoting DAus
    If a lawyer is hired, is there any way to pass the lawyer's costs onto PTD?

    How is it Dad's fault that you were evicted, or that you chose to abandon your property?
    Quote:

    Quoting DAus
    It doesn't seem fair for Share to lose out on trying to get back the possessions she already lost.

    The landlord said he discarded them. Nothing in the resolution of the matter with dad would stop you from poking through the landfill to see if she can find any of your belongings.
    Quote:

    Quoting DAus
    How does Share protect herself and guarantee she is reimbursed if PTD isn't willing to pay the asked amount?

    If you make an excessive demand such that Dad tells you he's no longer willing to offer any compensation, then you will have to find some other way to recover compensation -- and there may not be one.
    Quote:

    Quoting DAus
    What kind of agreements might be written up?

    That will depend upon what kind of agreements Dad requires, or you propose to dad.
    Quote:

    Quoting DAus
    Will Share have to pay taxes on any checks that she receives?

    From what you have told us so far, Dad would be making a gift. Gifts are taxable to the giver, not the recipient. You have not yet shared any facts that would make Dad responsible for your eviction, or for the fact that you chose not to remove your property from the premises.
  • 12-10-2015, 10:29 PM
    DAus
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    How is it Share's fault when she wasn't in contact with the landlord? All communications went to PT, the primary tenant on the lease, who then withheld all information which pertained to the tentative eviction. Share was a fill-in, unaware of any past due rent and any communications warning of such an eviction.

    No choice was made by Share to abandon the property. That decision was made by PT when she withheld all of the information. And when she lied about contacting the landlord and her father.

    The monetary value on Share's possessions could range quite a bit and seeing as how this situation has caused quite a bit of anguish, I would think there is more to be compensated for than just tangible property, such as pain & suffering. I think a lawyer would know how to determine that better than you or I. Remember, PTD is on the lease with his daughter and it would probably be in his best interest to reimburse Share for her losses as he would be a part of the lawsuit, just like he was summoned to court previously and on all other court documents.

    Sifting through a landfill up to three weeks after the landlord could've possibly emptied his unit doesn't seem like a reasonable option.

    If you actually want to help find a solution, your responses would've probably looked for more detail in the story so you could then determine an actual course of action. Go back to trolling, guy.
  • 12-10-2015, 11:08 PM
    Mr. Knowitall
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    If you want us to imagine that you were somehow clueless to the fact that the landlord was throwing you out of the unit pursuant to an eviction order, it's going to be a tough sell. At some point you clearly would have figured out that you were not welcome to remain in the premises, and at that point you chose to leave your property behind.

    You are free to discuss your theories with a lawyer.
  • 12-11-2015, 12:49 AM
    DAus
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    The primary tenant on the lease, who all of the summons were addressed to, failed to recognize them or alert her roommate of such notices or the current situations.

    One would have realized they were not welcome to remain on the premises when the locks were changed. This is the issue the primary tenant said she was handling but didn't. Most people aren't aware of what to do after evictions especially when their roommate says they are actively attempting to contact the landlord.

    I thought this forum was intended to help people communicate with lawyers. Seeing as you haven't identified yourself as one, I do still need to speak to one.

    Thanks, guy.
  • 12-11-2015, 01:46 AM
    Taxing Matters
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    Let’s start with the basics: PTD is not liable to Share for anything. He did not do anything that caused Share’s loss. The landlord did an eviction and, assuming the eviction was properly done, the landlord likely owes nothing either for disposing of the stuff that was still left in the unit once the eviction was carried out.

    That leaves PT as the one person who might be liable to Share for anything out of this. In order to win on that in court Share would have to prove that PT owed Share a duty to inform Share of the eviction, that Share failed to meet that duty either intentionally or through negligence, that Share did not otherwise have the opportunity to learn of the eviction, and that because of Share’s negligence, PT suffered the loss of the personal property that was thrown out. It may well be that Share had no duty to tell PT of the eviction. That’s a point Share would need to resolve in order to pursue any lawsuit.

    Note that Share would not get anything for emotional distress or anguish out of this. Nor would Share get any reimbursement for attorney’s fees, either, unless Share and PT had a contract between them that provided that the loser pays the winner’s legal fees out of this dispute.

    What that means is that even if Share were to win the lawsuit all that PT likely gets is the value of the stuff that was thrown out. That’s the value of the goods at the time they were lost, not replacement cost. Most personal goods do not have much market value. Go to any thrift store and you’ll see common household items sold for cheap. So chances are that Share won’t get nearly as much out of this as Share thinks.

    If PTD is willing to make a gift sufficient enough to cover the thrift shop value of the goods or better then Share might be wise to quickly take him up on that offer and thank him profusely for it. That’s probably the best Share is going to get out of this.
  • 12-11-2015, 08:31 AM
    Pringle
    Re: Roommate's Negligence Causes Eviction and Loss of All Property
    Quote:

    Quoting DAus
    View Post
    I thought this forum was intended to help people communicate with lawyers. Seeing as you haven't identified yourself as one, I do still need to speak to one.

    Then you were misinformed. You're looking for a free consultation, and that is not the purpose of these forums. You received adequate advice that you don't like, you're free to pick up a phone and call a lawyer yourself.
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