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  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    The only property that makes any difference to you is your property. You are not under the master lease so anything involving you is seperate from anybody else's.

    Did is you retrieve your property from the trash? If not you have no claim against anybody for that property.

    . Your landlord abandoned your property. It was his obligation to store it and give you notice. The master landlord had no contract with you. Your agreement was between you and the master tenant. If the master tenant didn't lay claim to your property then he essentially left it for the trash man to take.

    To win against the master landlord you will have to prove he had a duty to you to store your property and provide required notifications.

    It doesn't matter if the master landlord came the 31st, the 1st, or the 20th of December. You left the property there beyond the date of possession of the rental. Your concern about him being there the 31st means nothing at all. It doesn't even make a difference if his entry was legal or not. Come midnight on the 31st it was his apartment and your stuft was still there. It wouldn't have made any difference if he waited until the morning of the 1st.

  2. #12
    Join Date
    Jan 2016
    Posts
    7

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    Well I guess what I was trying to point out is if there is co-tenant that witnesses a landlord coming in the house prior to the date of possession of the rental (the 31st, before 11:59 pm) and taking my things, could that not be similar to a stranger coming into your house illegally and stealing your belongings?

    Also I found a few tid-bits in the trash, where the more prominent items were put I have no clue.
    Can I take the master tenant to a claims court if he's out of state?

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    As I said: it doesn't matter when he came in to the house; none what so ever.

    If you want to argue he acted prematurely and that causes a problem;

    since you did not show up until after the Ll had a right of possession where he had adequate time to do what he did before you showed up, the fact he may have acted prematurely is meaningless.


    To sue a person in California small claims court you must be able to serve them within the state of California.

  4. #14
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    You told us,
    Quote Quoting luludan
    View Post
    But heres an update: I just spoke to the (the main one) landlord and he said the move-out date the master tenant gave me was wrong and that the move out date was 31st.
    Your landlord had a lease that ended on December 31. Your landlord chose to surrender the premises to his landlord on December 31. The fact that your landlord did so gives you absolutely no claim against his landlord -- and I'm not sure how many times you need to be told the same thing before you start catching on. Also, if you were to be out by December 31 under the lease between the master tenant and his landlord, it's not the master tenant's landlord's fault that you were misled as to the date by your landlord.
    Quote Quoting luludan
    View Post
    Well I guess what I was trying to point out is if there is co-tenant that witnesses a landlord coming in the house prior to the date of possession of the rental (the 31st, before 11:59 pm) and taking my things, could that not be similar to a stranger coming into your house illegally and stealing your belongings?
    Nope. It's not his fault that your landlord surrendered the premises to you before you removed your remaining belongings.

  5. #15
    Join Date
    Jan 2016
    Posts
    7

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    So did some more research and I found out that I might be considered a co-tenant after all.

    I lived there for a month and a half. I rented half of the first month, and paid that check to the supposed master tenant. However the last month, this december, I made out the check to the landlord which I have bank statements proving he cashed it. At that point is it not implied that I'm a co-tenant?

    Sure there was a written agreement between me and another tenant that I would sublease. But it clearly states on the document its not valid if the landlord doesn't sign it. All that's left is an oral agreement which technically ended in december when I made out a check to the landlord.

    There was no lease the apparent master tenant was signed too. Just a month to month verbal agreement between the tenant and the landlord. The other two roommates were never signed on any lease either so technically they were implied co-tenants as well. And because there was no lease, the apparent master tenant was still allowed to sublet to me for half of november.

    If I'm legally considered a co-tenant, I can sue him for not taking the necessary steps for the abandoned property code and hold him liable for my belongings.

    Can you guys think of any other ways he could argue against this?

  6. #16
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    Quote Quoting luludan
    View Post
    So did some more research and I found out that I might be considered a co-tenant after all.
    You are free to confabulate theories by which you are a cotenant instead of a subtenant, and to get your advice from the village idiot. Nobody here can stop you.

    Have fun in court.

  7. #17
    Join Date
    Jan 2016
    Posts
    7

    Default Re: Subleased a Room and Landlord Threw Away My Property Before Move Out Date

    I'll take that as a no.

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