Thank you.Can management evict one or both of us?
Yes. Or rather they can try
if they want to, based on being a NUISANCE to other tenants. This means that they would have to prove that whoever they "target" for eviction has been creating a legal nuisance - criminal activity or endangering neighbors. This is what they would have to prove. So this means literally proving the theft.
So they can try to do this, but it is UNLIKELY that they would. At this point, this is an argument between two tenants. Unless things get violent and one tenant complains about the other and/or the property begins to be damages, the landlord/management company will normally want to stay OUT of it.Can she sue management or me on these haphazard accusations?
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
She cannot sue the management or the landlord for anything. She can sue you for conversion
(civil theft) or defamation
(libel/slander) if she believes she has a case. However, someone in your situation can do the same. Can management only get rid of me?
They can try, but again, likely will not try or even want to. The landlord/management can evict someone who has been a legal nuisance, that is, criminal activity or endangering neighbors. However being accused of taking personal items by a roommate is a far cry from proving this.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.