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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Default Getting Property Back from Ex Roommate

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

    Ok here's the situation. I moved in with roommate back in April 2008. During the first month or so we didn't agree on rent due to personal situation. We never signed a contract. We later agreed on 500 a month. Again no contract. I paid him what I agreed to. Around sept of 08 I was going on a trip with my son. We only had on key as he used the garage door opener. He asked to see the key so he could make a copy of it. Not tgnking anything about it I gave it to him. When I came back from thrip it was locked up and he didn't return calls. Mind you I only had the stuff I took with me to trip. I had no clothes for work and everything I owned was in that house , including my sons belongings..needless to say I missed a few days of work because I had no uniforms. I had to basically repurchase a new wordeobe..I tried for months to get my stuff back peacefully with no luck. He claims we agreed to 900 a month!! Which is absurd because the mortgage was 1800. I rented a room. I would never agreed to 900. The reason I havnt taken home to court is because he threatened to go to my employeer with info of me dating a co worker. I'm not dating her now but I'm totally lost. I'm tired of lying to my son as to where his stuff is.. Please help!!!

  2. #2

    Default Re: Getting Property Back from Ex Roommate

    Taking him to court for the unlawful eviction is your only option. Be sure to bring documentation of the amounts you paid for the time you lived there to show that those amounts were accepted by the roommate. Also ask the court to order the return of your stuff, and take a sheriff's deputy with you when you go to get it. And no more moving in with other people without something IN WRITING.

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Getting Property Back from Ex Roommate

    Well every thing was in cash. I never thought this would have been an issue..the fact is he has my stuff and is basically holding it for ransom..if there was never a contract of any kind how can any "laws" ie unlawful eviction etc apply?. Can he use the other stuff to take to my employer? If I lose my job because I take home to court and he retaliates can I sue for damages?..if I just went over there with a group of friends to get my stuff could I call the cops then??I know he has a gun though..

  4. #4

    Default Re: Getting Property Back from Ex Roommate

    Your testimony in court will have to satisfy the judge that you did in fact establish residency there. It won't help you that you paid in cash with no paper trail (no receipts either, I presume). The next best thing is witnesses who might have helped you to move in (who can confirm when that happened to establish dates), mail that you received there addressed to you, or a copy of your driver's license (or driver's license history) showing that as your address (which you should have because state law says you must change your driver's license within a certain timeframe of moving). Anything you have like bills or other things that show that as your address can help establish your case. Once the court is satisfied that you were a resident, that opens the door for the unlawful eviction portion of your claim. Once you show you were a resident, you have certain rights under the law, including the right to proper eviction, whether there was something in writing or not.

    Your local police should be happy to standby to prevent a confrontation and ensure your safety while you gather your stuff - IF he lets you in. However, police cannot and will not force him to allow you into the residence, or to have access to get the stuff. If he says "buzz off", then that's what you'll have to do. Police can drive up and sit for a few minutes, and that's the limit of their involvement. A deputy sheriff (who is, by definition, an officer of the court) can help you accomplish the return of your items, but only when you have an order from a court, which you get by suing.

    You can't stop him from talking to your employer whether he gives you the stuff back or not. If what he tells the employer is the truth, then it's the truth and you get to deal with the fallout. If it's not the truth and you suffer some sort of damages, then you sue again.

  5. #5
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Getting Property Back from Ex Roommate

    Ok thanks so far for your advice..I have PLENTY of mail and my paycheck stubs dating back that far have that address on them. Vehicle registration etc. As far as taking stuff to my employer he can try but I have plenty on him as well ie drugs..etc. It looks as though I'm just gonna have to take him to court. I will give him one last chance to get my stuff back by asking a sherrif to accompany me over there and if that Dosent work the I'll have to take him to court..ugh this is going to be time consumming I'm sure. I'm in upper level management and it is going to be difficult. Again with the coworker he'd have to PROVE that I was seeing her wouldn't he. I mean she came over to house many times and was there with HIM..

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