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Landlord Removed a Tenant's Property Before the Tenancy Was Over

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  • 01-19-2016, 02:33 AM
    Kc136
    Landlord Removed a Tenant's Property Before the Tenancy Was Over
    My question involves landlord-tenant law in the State of: Kansas

    So I just purchased my first home and gave my notice that I would not be renewing my lease at the end of February. I gave notice at the beginning of January. I moved most of my things on January 9 but left food in the fridge, my vacuum so I could clean later, my wireless router, and a few things on the walls. I moved until 4 am and just wanted to go sleep in my new home.

    Fast forward to tonight, I show up to collect the rest of my things to complete my move and I notice a light is on in the apartment. The doors were locked so I unlocked my door and walked in and found several items missing. My vacuum, the router, a clock and decorative piece, my doormat, even a frozen pizza and frozen meatballs out of the freezer. They took cookie dough out of the freezer and put it in the fridge. They even took the box of window slats I had purchased to replace some slats that were broken.

    I called the police to report it as a theft and they told me they'd check with management in the morning.

    I guess my question is, do they have the right to remove property from my apartment, the lease is still active, and the months rent is paid? I mean, my lease is good for another month and a half and as far as I am concerned I should be able to put anything legal in there and not have to worry about it being taken.

    Thanks
  • 01-19-2016, 04:40 AM
    Catmad
    Re: My Valuables Were Taken 2 Months Before the Lease Ends
    Why didn't the police come when called? Did you tell them that you thought it was management?

    I'm no expert, but from my experience, if your rent is paid and you are abiding by any conditions in your rental contract it's "your" apartment until the lease ends. Management has no right to take anything, and can only enter under certain conditions (which should be defined in your lease).

    I'm sure someone else will have more complete and likely better advice, so hang on...
  • 01-19-2016, 04:56 AM
    Kc136
    Re: My Valuables Were Taken 2 Months Before the Lease Ends
    The police showed up and said they'd speak with management in the morning and call me back.
  • 01-19-2016, 05:51 AM
    jk
    Re: My Valuables Were Taken 2 Months Before the Lease Ends
    so you were out of the appartment for 10 days. I suspect you didn't give mention of this to your landlord but just for clarity same; did you make your landlord aware you would be away from the apartment for some period of time but you were not abandoning the unit?
  • 01-19-2016, 07:37 AM
    Mr. Knowitall
    Re: Landlord Removed Remaining Property and Changed the Locks Before the Tenancy Was
    I think the landlord jumped the gun. K.R.S. 58-2565 only allows a landlord to assume abandonment after ten days if the tenant is behind on the rent.
  • 01-19-2016, 07:48 AM
    jk
    Re: Landlord Removed Remaining Property and Changed the Locks Before the Tenancy Was
    Probably so but even though the law doesn't allow it as explained, OP had given notice of termination of tenancy, the property remaining was minimal. The landlord may have believed the OP to have moved out and started cleaning the apartment. Before getting too worked up I would talk with management first. It could be an explainable error.

    I would expect the landlord to compensate OP for anything missing though. Maybe this can work to the OP's benefit. If the landlord wants the place now, maybe OP can get released from his February obligation.
  • 01-19-2016, 08:15 AM
    Mr. Knowitall
    Re: Landlord Removed Remaining Property and Changed the Locks Before the Tenancy Was
    It may be explainable error, but by all appearances the landlord did make a mistake, which should give the OP some level of advantage during the negotiations you suggest.
  • 01-19-2016, 07:56 PM
    Kc136
    Re: Landlord Removed a Tenant's Property Before the Tenancy Was Over
    The police told me that management not only denies entering the apartment but also denies ever receiving my notice to vacate, which I hand delivered.

    What recourse do I have at this point? My only thought is to file in small claims court. I can't prove beyond a reasonable doubt, but I believe it's far more likely than not my apartment was entered by someone working for the management company.
  • 01-19-2016, 08:05 PM
    jk
    Re: Landlord Removed a Tenant's Property Before the Tenancy Was Over
    that is a big problem. If you cannot prove who entered the apartment you cannot prove who stole anything so you cannot win a law suit.


    Got neighbors?


    to prevail in a civil suit you must win by a preponderance of the evidence (over half). That is a much lower threshold than beyond a reasonable doubt but you don't even have that.
  • 01-19-2016, 08:26 PM
    Kc136
    Re: Landlord Removed a Tenant's Property Before the Tenancy Was Over
    So the fact that my apartment was locked upon my arrival and the only other people with keys are the apartment managers means little? Or that I gave them my notice but now they deny that?

    Are you telling me the complex can simply lie and I can do nothing about it?
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