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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 2999
Experience:  Licensed to practice before state and federal court
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My landlord stored my belongings for me, the moved them into

Customer Question

My landlord stored my belongings for me, the moved them into a storage property he owned. He claims all my belonging that were in my ap were stolen. Although he never made a police report or an insurance claim. What can I do everything I owned is gone!
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: AZ items stored over one year ago. I went to recoop all my household belongings in March. Nothing left exept 2 pics & a couple of hats.
JA: Has anything been filed or reported?
Customer: That is what I was saying he owns a local real estate company in Phoenix. He never filed a police report or an insurace claim.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have his statements & pics of the storage & the few items left. He has pictures before and after of all my belongings
Submitted: 11 days ago.
Category: Legal
Expert:  Legal Eagle replied 11 days ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

I'm sorry to hear about the situation. This to me raises a couple of issues. Most importantly it seems as if the landlord has trespassed on your chattels. All channels means is personal property and fancy legal terms. By taking your property and storing it somewhere without your permission and not allowing you access to it your landlord is simply trespassing on your personal property. You may want to consider just writing a formal demand letter requesting your property back. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If you have renter's insurance you may also want to consider filing a claim as well. The other cause of action that shows up for me is that this seems like outright theft. Even if the landlord believes that the property that there in possession of currently the stolen, that is not up to them to decide that is only up to the district attorney to decide. You may also want to call the Sheriff's Office to help you go get that property back if he does not just return the property on his own after your demand letter.

Expert:  Legal Eagle replied 11 days ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 11 days ago.
I left TX to fly to AZ recoop my things. I met with him there was nothing left from a house full of belongs. 2 pictutres & a hat box. He does not have my things. What he did with them I don't know he is claiming they were stolen,
Expert:  Legal Eagle replied 11 days ago.

Okay. I think I understand your situation a little bit better. I apologize if there was any confusion. If all of the items were stolen and the landlord did nothing to fix the situation, then the cause of action changes to negligence.

Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence. Based on what you provided, by not calling the cops or filing a claim, they could be held liable for your missing items.