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Ok my boyfriend was living in a trailer and when he left for a couple of weeks the landlord broke into the trailer and took his computer, laptop, playstation and tv. Left all of his clothing and military uniforms dises and dvds unattended in an open trailer anyone could get into and take things from. He has gotten back his computer, tv laptop and playstation however all else is gone either taken by him and not returned or stolen due to his leaving trailer open and unattended. Also now the landlord has after 3 weeks of the trailer being open and left that way charged him with Criminal damage to property. My question is what does he do about these charges and how severe are they? as well as can he take any further legal action against the landlord since he left it open and the damage came from others not him?
State/Country relating to Question: Louisiana Already Tried: havent tried anything so far except talking to the landlord who has become unavailable. beyond that all we done is pay his bail to get him out to try to take care of this
the landlord charged your brother with criminal damage to property? on what grounds?
He said that the trailer was destroyed and told him he wasnt a man. Said it was worst case of damage to trailer he had seen in 20 years but other then a tile that had come up in the bathroom and some additional stains to the carpeting in living room then when he moved in there wasnt anything done to the trailer by us.
ok, and how do you know the landlord broke into the trailer?
The local sheriff department told him this when he called to place report about all his things being missing. Landlord lied to cops and told him he had eviction on the property. however upon further research by them found that they had no paperwork on that either and before the landlord should have been given access to the place the sheriff would have had to serve him with written notice and would have to have been 30 days after. He was only gone from the property for not even 2 weeks.
ok, just so that I'm clear, is it the case that your brother failed to pay rent, the landlord assumed he abandoned the trailer (i.e. skipped out and did not pay rent) but really only left for two weeks and failed to pay rent? The landlord then entered the trailer and took the items leaving the trailer unlocked?
The rent was taken care of and the landlord was aware of this. He only left the trailer to move me back to kentucky cause he is deploying to iraq.
ok, so the landlord breached the lease agreement. your boyfriend should be able to get this case dismissed in light of the fact that the landlord entered the premiss unlawfully and I assume when he did so the sheriff's witnessed this and can testify to the condition of the property at that time.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.