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  1. #1
    Join Date
    Jun 2015
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    1

    Default Selling a Roommate's Property to Get Money He Owes for Bills

    My question involves personal property located in the State of: Missouri

    I used to live with a guy I'll name him John.

    We had a year contract, I left after a year and helped another fried move in that I'll call Mark.
    The contract was somehow still in my name after I left, long story short, I am the leaseholder of the apartment still, while John is labeled as a resident in the apartment. Mark's name is not on any paperwork.

    John and Mark were paying month to month at the apartment. I have not been living there for over 6 months.
    All the bills are in my name and I was letting them pay it as there was a huge issue about me not living there with our Landlord's manager.
    According to the Landlord's manager they can't pay month to month and they shouldn't be able to do that.
    I guess the landlord let it slide, I am still on the lease.

    John just recently attempted suicide again, right on when the rent was due.
    He signed a letter to Mark saying to sell all of his stuff as payment.

    John owes Mark and I both around $1000.00 each as well.

    Mark, another friend, and I all moved Mark's stuff out because we are all done of dealing with John's shit.
    Mark let me in and since I am on all the paperwork let me take most of the valuable belongings to sell to pay off the bills. (Rent and utilities)
    The total of everything on the apartment will come out to over $700.00 and what I took will not even cover that.

    John is now coherent in the hospital and is raising hell that I took his stuff.
    His letter doesn't mention anything about death, but says "Sell my stuff to cover my payment. Sorry but it's all I can do."

    John's Mom and Stepdad are raising hell saying I stole it, even though John consented in writing and signed a letter stating to sell his stuff to cover his payment.
    They told me they had called the cops etc..

    Mark and I are still owed a ton of money by John, but mainly want to pay the bills at the apartment since I am on all the paperwork.
    We just want to be done with the apartment and with John.

    What I am wanting to know is if, and probably when, this comes to court am I completely in the right?
    I have the original copy of his letter on hand and have made scans.
    I told John, his mom, and stepfather that I have no issue returning the items, as long as the bills are all paid by them.
    They are trying to convince me to give the stuff back, and I know John has no way to pay me back, also John's mom pretty much said that she wouldn't pay me.

    - - - Updated - - -

    Also should I just go ahead and file a claim in small claims court, or should I wait until / if they submit any legal action toward me.

  2. #2
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Payment of Bills. Items Taken with Consent to Pay

    Much of what you wrote is confusing, but from my understanding, you are the responsible party, as you let the lease and utilities remain in your name. Return the stuff, and file for your damages in small claims court. The letter was apparently from John to Mark, so you have no connection to that, so probably no help from it. Since John has apparently attempted suicide in the past, and was again suicidal when he wrote the letter, it could be argued that he was not in his right mind.

    You'll still have to deal with getting him out of the apartment.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Selling a Roommate's Property to Get Money He Owes for Bills

    Quote Quoting Tyler1
    He signed a letter to Mark saying to sell all of his stuff as payment.
    Leaving aside the fact that the letter is vague about what the payment would ostensibly be for, and leaving aside questions of whether John was mentally competent at the time he wrote the letter, we know this much: You're not Mark.
    Quote Quoting Tyler1
    John is now coherent in the hospital and is raising hell that I took his stuff.
    If by that you mean that John was previously "incoherent", there is a serious question about his competence at the time he wrote the letter. And you're still not Mark.
    Quote Quoting Tyler1
    John's Mom and Stepdad are raising hell saying I stole it, even though John consented in writing and signed a letter stating to sell his stuff to cover his payment.
    They told me they had called the cops etc.
    You will have to deal with that if you are contacted by the police as part of a theft investigation.
    Quote Quoting Tyler1
    I told John, his mom, and stepfather that I have no issue returning the items, as long as the bills are all paid by them.
    You either sold the items, such that you no longer have them and cannot return them, or you still have the items. If you still have the items, your permission to sell them has been explicitly revoked, they're not your belongings, and you need to return them. If you have sold them but can recover them, that's the best path to keeping yourself out of trouble.

    If you want to wait until the police knock on your door, it's your life.

  4. #4
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Selling a Roommate's Property to Get Money He Owes for Bills

    If John gifted his stuff to Mark, wouldn't Mark have the right to gift the stuff to the OP?

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Selling a Roommate's Property to Get Money He Owes for Bills

    Quote Quoting John_28
    View Post
    If John gifted his stuff to Mark, wouldn't Mark have the right to gift the stuff to the OP?


    But John owes Mark $1000 too. I bet that Mark would want to recoup his money before OP got paid?

    Is it that OP didn't think John would recover from his injury and decided to take matters into his own hands?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Selling a Roommate's Property to Get Money He Owes for Bills

    Quote Quoting John_28
    View Post
    If John gifted his stuff to Mark, wouldn't Mark have the right to gift the stuff to the OP?
    Nobody has suggested that a gift was made. There's no need to pollute this thread with your trademark blather.

  7. #7
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Selling a Roommate's Property to Get Money He Owes for Bills

    Quote Quoting Mr. Knowitall
    View Post
    Nobody has suggested that a gift was made. There's no need to pollute this thread with your trademark blather.
    One interpretation of John's letter is that Mark should 1) sell John's stuff (to cover John's debt to Mark), and 2) keep the remainder of the stuff. If that interpretation is correct, then Mark was correct to give the remainder of John's stuff to the OP, to cover John's debt to the OP.

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