Tenant Theft Of Appliances
Tenant moved out and stole some junk appliances(washer, dryer, refrig). They bought another house in town so I know exactly where they are. Security deposit and insurance aside(less than deductable), what should I sue in small claims for, grand larceny? embezzelment? I have plenty of signed documentation and pictures to support my case. Also, has anybody got a lien on a house in a situation like this, i.e., liens are usually applied to the house where the theft or work was done. They are in anoher house that didn't involve the theft.
You don't need cause for your suit, just an explanation of why you are suing, for stolen property. You should have done a police report, hopefully you did. If not, your proof should still be sufficient. And you can levy a personal lien against them after judgement which should attach to their home, cars, etc.....so when they sell, they will have to pay off this lien if they haven't done so already.
I'm assuming you've asked them nicely?
Quote:
On 2004-11-04 14:56, 4KASH wrote:
Tenant moved out and stole some junk appliances(washer, dryer, refrig). They bought another house in town so I know exactly where they are. Security deposit and insurance aside(less than deductable), what should I sue in small claims for, grand larceny? embezzelment? I have plenty of signed documentation and pictures to support my case. Also, has anybody got a lien on a house in a situation like this, i.e., liens are usually applied to the house where the theft or work was done. They are in anoher house that didn't involve the theft.
I would file a police report and then go to court
RE:I'm assuming you've asked them nicely?
A demand letter was sent out and received cert mail per small claims requirement. That's about as nice as I get when a tenant steals appliances from me.
Hey,
In life a good rule of thumb is:
"It is easier to be nice and then go mean, then to start mean and then go nice."
I am always shocked at how many people go to war, instead of making a simple phone call. There could be some honest reasons that your tenants removed the appls. Maybe they hired a moving company and the movers picked them up. Or friends helped them move. Who knows.
If you have been nice...then I would contact the police and then file in small claims. Should be pretty straight forward.
If you are going to small claims for theft of property they 99% of the time will want police reports to make sure you are not trying to pull something.
Quote:Tenant moved out and stole some junk appliances(washer, dryer, refrig).
Ok, so not to condone what the tenant did but in my neighborhood you can buy used appliances in pretty good shape for $100 each all day long. So how much trouble are you going to put yourself through for 300 bucks?
File the police report, open the yellow pages, Used appliance dealers. Spend the time you'd take going to court, etc. looking for better tenants.
This is a 3100 sqft house in a nice area that I bought to live in ourselves. It was a rent-back to the original owners. We have completed replacing all tile, carpet, and landscaping. I’m not going to finish it off by putting in $100 appliances. When I say “junk” appliances, I’m talking about $1700.00 worth. The idea that the “movers or friends” mistakenly moved the appliances to the tenant’s new house unbeknownst to them and they somehow haven’t noticed them or forgot to contact me over the past three weeks is one of the most ludicrous comments I have heard.
from the "steam" coming out of your "gills" you need to file a p/r and take them to court.........km
Done. Just call me Steamy.
good luck kash.......km
"fryum"..........km
This thread just shows how important the details of communication are:
"Tenant moved out and stole some junk appliances(washer, dryer, refrig)."
-- YOU called them junk appliances then wondered why you got the advice to replace them with low cost appliances.
-- YOU called them tenants when they are really your sellers. Different detail!
Have you looked at your sales contract to make sure that you were buying the appliances with the house? In many areas w/d and refrig. are personal property unless clearly stated.
You sure don't want to approach this one in court half-roostered!
right on CE!
Ceinvests;
This thread shows how important it is to read and understand a question before attempting to provide an answer.
“YOU called them tenants when they are really your sellers. Different detail!”
1)My post on 11/05/04 at 10:38 states; “It was a rent-back to the original owners”. I bought this houses years ago and rented it back to them for years. They became tenants the day they signed the rental agreement years ago. That rental agreement has each appliance listed as owned by the landlord (me) and, as of the date of the signing of that rental agreement, is in the care and custody of the tenant from that point until termination of the rental agreement. I also write-up a separate bill of sale for any appliance that is in a house that I buy, along with many pictures. This one was no exception.
“-- YOU called them junk appliances then wondered why you got the advice to replace them with low cost appliances.”
2) Nowhere in my posts did I ever “wonder” why I got any advice. I simply state an issue of fact. If you had a rental unit that years later you decided to move into, would you replace stolen “junk” appliances with more junk for your own residence?
I am becoming a fan of "prepaid legal" for around #25 a month you can ask all the legal questions you want, get bunches of contracts reviewed and have letters written, then it is not "my time" that is spent running things down.
Randall
[addsig]
You are right: Those details DO make the difference. It sounds like you are well prepared for battle.
I've also been hearing plenty of positives about pre-paid legal benefits.
I agree. I like Prepaid Legal.
i have prepaid legal. it cost $3.48 a week. i've used it many times. it's great having a attny. on retainer sort of speak. just having one has one me cases. i can out last the other side. i have "money" them to "dealt by just keeping the case going until the other side runs out of money.....km
I thought those legal plans charged $75/mo or mor if you are using it for business matters?