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I was living in a basement apartment that didn't have a

Customer Question
I was living in...

I was living in a basement apartment that didn't have a separate address and The owner doesn't have it listed as a rental property. I was in the process of moving out when she texted me and said I wasn't allowed back on the property. I had to leave 75% of my belongings and furniture. I have been trying since last July to get my things and she refuses to give them to me. She said at one point she would meet me to give me my photos. I wasn't given an eviction notice. Is there anything that I can do to get my stuff?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

VA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease was for one year and I lived there for 4 years. No issues except I was the one who did all the upkeep on the yard cutting the grass and weeds. That wasn't any part of the rental agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did owe some back rent and I was willing to work out an agreement topay her what was owed but she refused

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
5/25/2018
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
Thank you!
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

Your recourse here would be to file a claim in small claims court for the value of the property that you lost, or for return of any of the property that your former landlord may still have in their possession.

Even though the rental was not a registered rental unit, you can still file a suit in small claims court.

You should be prepared that your landlord may also file a counterclaim for any backed rent that you mentioned was still owed.

Small claims court is designed to be user-friendly, so you can actually initiate this claim without the need for representation by an attorney.

If you go in to the clerk of courts office at your local small claims courthouse, they should be able to provide you with the forms you need to begin the suit.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
I live in a different city now, do I need to file the claim in the city where the property is located or can I do it here in the city where I reside now?
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

You would need to file in the city where the rental is located.

Is your landlord still residing in that jurisdiction?

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Customer reply replied 2 months ago
she is. She doesn't reside at the property. She was renting out the house as well as the basement
Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

Then yes, you would file your small claims suit in the jurisdiction where the rental is located.

Good luck to you with this!

Don't forget to rate before leaving, thank you!

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Real Estate Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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