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Former landlord possibly stealing property I left behind

Brodo FagginsBrodo Faggins Registered User regular
edited December 2010 in Help / Advice Forum
From May to August of this year, I lived in Las Vegas for a job I had. The landlord (homeowner) was also my housemate, but he was cool, and the rent was cheap, so whatever.

The company folded, and I moved back home to Los Angeles late August.

I had brought my Xbox 360 with me to Vegas, but since the house lacked a communal TV and my funds were already low, I just decided to leave it in the box. When I moved out, I had to do so in a hurry because I didn't want to stay an extra day and be charged rent.

And, you guessed it, I left my 360 there. As soon as I got home, I decided it would probably be fine where it was. I finally got around to tracking it down last week, and I got no response from him.

Finally, I asked my friend to go to his place and pick it up for me, but when she went inside, it was nowhere to be found. I called my landlord, left a voicemail, and e-mailed him. He replied "I'm dumping the house and already got rid of alot of things in the house."

So, right away, I'm suspecting one of two things:

A) He's hoping I'll never drive all the way back just for an Xbox, and is pretending he dumped it (which is retarded; the guy has a PS3, so he clearly understands the value of a game console)

B) He pawned it (the guy's been unemployed for over a year now).

Driving all the way there and finding out for myself is probably the best option, but the shoot I'm working on is on hiatus for winter, and I'm low on funds.

What should I do?

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Brodo Faggins on

Posts

  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    Oh and to clarify:
    -There's nothing in the contract I signed when I moved in about property left behind.
    -The reason I got around to this so late was because I started working as soon as I got back home, and didn't really think something like this would happen.

    Brodo Faggins on
    9PZnq.png
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited December 2010
    If he says he doesn't have it, it's with Jesus now. Dude has issues and it will cost you a lot more cash and time to pursue.

    Deebaser on
  • LailLail Surrey, B.C.Registered User regular
    edited December 2010
    He didn't steal anything from you, you left an Xbox when you moved away, pretty much saying "here you go"

    When you move out, you take your shit with you, otherwise you're giving it up. How long is he supposed to hold on to your forgotten possessions for?

    Xboxs are cheap. Save yourself the headache of trying to fight this and just buy a new one.

    Lail on
  • DruhimDruhim Registered User, ClubPA regular
    edited December 2010
    You left it there when you moved out at the end of August, you're just now contacting him about getting it back, and you think you have a right to expect him to have kept it safe for you all this time? It doesn't matter that your contract doesn't say anything about property left behind. If you want to go to the trouble of driving back there to try and recover it, knock yourself out. But understand that you almost certainly have no legal recourse against him at this point.

    Druhim on
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  • OnTheLastCastleOnTheLastCastle let's keep it haimish for the peripatetic Registered User regular
    edited December 2010
    You left it there from August until now without saying a word? Yeah... that xbox isn't coming back. Next time communicate with people when property matters to you.

    I don't mean to sound unsympathetic, but that wasn't very responsible of you. I'd have assumed you left it abandoned as well.

    And did your friend just walk into a house that wasn't hers without anyone being home/giving permission? That's called trespassing. With the intent to take something? Yikes. Do not tell your landlord about that. Or do it again.

    OnTheLastCastle on
  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited December 2010
    He didn't steal it, you gave it to him.

    Six on
    can you feel the struggle within?
  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    Woops, should've clarified.

    I sent my friend there to knock on the door, not to trespass. The door was answered by our third roommate (whom I probably should've mentioned), and he looked through the house, not my friend. Granted, he didn't go into the landlord's room. I don't have this roommate's contact info, as it was on my old phone (now long gone).

    Also, my landlord and I had a very cordial relationship, which is why I trusted him to just leave it be so that I could pick it up at a later date.

    But yeah, this is why I posted. I know I have no legal action available to me, but I guess that's what I get for having to move out in a hurry.

    Brodo Faggins on
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  • OnTheLastCastleOnTheLastCastle let's keep it haimish for the peripatetic Registered User regular
    edited December 2010
    but I guess that's what I get for having to move out in a hurry.

    No, no, no! That is what you get for not picking up the phone. It would've taken a minute, especially if your relationship was on good terms.

    edit: That mindset in general is going to put a hurt on you in life. Take responsibility. Anyway, good luck in the future!

    OnTheLastCastle on
  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    I'm also really concerned about Xbox Live. I had all my account information on there, such as the saved credit card with which to buy XBL points. The year-long subscription ran out a few months ago, there's no way to purchase more using the card info saved on there right?

    Brodo Faggins on
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  • OnTheLastCastleOnTheLastCastle let's keep it haimish for the peripatetic Registered User regular
    edited December 2010
    If the credit card is still valid w/ expiration date, it could be used.

    edit: I believe you can visit the microsoft site and remove credit cards. I told my roommate how to do it a week or two ago.

    OnTheLastCastle on
  • DarkewolfeDarkewolfe Registered User regular
    edited December 2010
    While I don't agree with the law, California law is actually on your side.

    http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml

    In the cases of property that has apparently been abandoned, where the renter was not evicted, the landlord is required to store your property safely and attempt to notify you of your abandoned property before disposing of it.

    It appears that you have the law on your side. I don't recommend ever being so silly as to abandon an expensive piece of electronics and not at least call to remind the owner you want it back, but you are within your rights to pursue legal action.

    Edit: A significant amount of this is going to be contingent, most likely, on you being able to prove you left an xbox there. It will be a simple matter for him to say that you did not and must be confused. Additionally, you will almost certainly have to spend more on legal resources than the item is worth. However, sometimes the threat of legal action is enough to motivate someone. Landlords notoriously know how to play the law to maximum effect for themselves, however.

    Darkewolfe on
    What is this I don't even.
  • DjeetDjeet Registered User regular
    edited December 2010
    From here, check under section "ABANDONMENT OF REAL PROPERTY BY TENANT". Usually there's some onus on the landlord to notify the ex-tenant that they are selling or disposing of their stuff. Maybe you have some recourse, but it's likely going to be a drawn out pain in the ass with no guarantee that you're going to get anything out of it.

    Found that tenant law stuff in an article at the consumerist.

    Djeet on
  • DarkewolfeDarkewolfe Registered User regular
    edited December 2010
    D'oh. I misread and thought you had been in California when renting. See Djent's post.

    Darkewolfe on
    What is this I don't even.
  • Disco11Disco11 Registered User regular
    edited December 2010
    Also... Can you really prove it? If this is brought up in court he can always say he never saw it.

    Still totally sucks though.

    Disco11 on
    PSN: Canadian_llama
  • LailLail Surrey, B.C.Registered User regular
    edited December 2010
    Yeah, you'd have to prove that the 360 was left there. Again, probably not worth the fight.

    As for your credit card information, phone 1-800-4My-Xbox and ask them to remove it if you can't do so online.

    Lail on
  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    Thanks for the links, guys.

    Update: He said it gave it away to a guy. Didn't specify if it was a friend, no details, nothing. So I asked him for that guy's contact number, as I told him it makes me uncomfortable knowing that my xbox with my credit card information is out there in some stranger's hands.

    As soon as I asked for that contact info, he suddenly stopped replying to my e-mails.

    So, logically, I suspect he's either lying and keeping it for himself, or he really did give it to some random person out of spite.

    Brodo Faggins on
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  • ImprovoloneImprovolone Registered User regular
    edited December 2010
    I doubt he did it for spite, but more for some actual gain (you know, since you basically abandoned your X-Box).
    Also, come on, clearly the CC thing isn't that big of a deal if he has had it since August.

    Improvolone on
    Voice actor for hire. My time is free if your project is!
  • DruhimDruhim Registered User, ClubPA regular
    edited December 2010
    The CC info is potentially a big deal, which makes it even more mystifying that you're just now trying to get the xbox back. But contact Xbox Live support and get your credit card info removed asap, or have your bank issue you a replacement card and cancel the old one as a compromised card.

    Druhim on
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  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited December 2010
    Yeah, sorry.

    Would it have been nice for him to at call you once and ask if you wanted it? Yes, definitely. Maybe even required by renter law. But dude, you left an XBox at someone else's house for nearly 4 months. This falls squarely on you so lessoned learned and get that card removed.

    MichaelLC on
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  • oldsakoldsak Registered User regular
    edited December 2010
    Six wrote: »
    He didn't steal it, you gave it to him.

    Just to clarify, leaving behind property when you move out does not mean you give up ownership of it.

    However, while he wouldn't be entitled to just sell it or keep it, if he did sell it or give it away, you wouldn't really have a lot of recourse to get it back. At least not without spending more than the value of the 360.

    oldsak on
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  • DruhimDruhim Registered User, ClubPA regular
    edited December 2010
    You also don't leave shit at someone else's place for four months without asking if they'll hold onto it for you.

    Druhim on
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  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited December 2010
    There were failings on both parties here. Unfortunately the OP was the losing side.

    Take it as a lesson learned, and be glad it wasn't something more valuable.

    MichaelLC on
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  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited December 2010
    mcdermott wrote: »
    Druhim wrote: »
    You also don't leave shit at someone else's place for four months without asking if they'll hold onto it for you.

    Regardless.

    If some dude left expensive shit at my house, I'd fucking call him before I gave it away.

    That's just how it works.

    Four months, four years, whatever. It's not your shit.

    That's nice, but the thread's not about what you would do if someone left their stuff at your place. Chill out, calmly present other options if you know of them, and either way dial it down a notch.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
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  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    Yeah, I know I fucked up here, but I was out of a job when I moved back to LA, and once I got one, it was basically 6 days a week working my ass off. Like I said, the landlord and I were on cordial, friendly terms, and seemed like a nice enough guy to realize "oh hey look what I found in the broom closet, I'll just leave it here".

    I know I should've called, but now that he's suddenly not responding to any e-mails or voicemails, I guess I'll go the certified letter route. Where do I go about getting it done?

    Brodo Faggins on
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  • VisionOfClarityVisionOfClarity Registered User regular
    edited December 2010
    It wouldn't involve the police because this is a civil matter. The next step would be filing a small claim suit.

    VisionOfClarity on
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  • Brodo FagginsBrodo Faggins Registered User regular
    edited December 2010
    Got it, thanks!

    Brodo Faggins on
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  • JebusUDJebusUD Adventure! Candy IslandRegistered User regular
    edited December 2010
    If you suspect he sold your xbox or is keeping it for himself then you shouldn't have told him it had your credit card info on it to freely purchase all kinds of things on.

    Anyway, try to get your info removed right away.

    JebusUD on
    and I wonder about my neighbors even though I don't have them
    but they're listening to every word I say
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  • bowenbowen Sup? Registered User regular
    edited December 2010
    Meh they may just lock down the XBox after that (especially if he reports it stolen?).

    Though, it's probably not worth pursuing just because the cost of the XBox is so low compared to how much you'd spend pursuing it. This is one case I'd say let it go and get a new one, shit sucks but you should've let him know you'd be coming back for it.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DjeetDjeet Registered User regular
    edited December 2010
    The reason I thought it'd be more trouble then it's worth is cause from the OP it sounds like the landlord wouldn't be residing there anymore (and presumably he wouldn't know where the landlord would be moving to) which would make pursuing out-of-state legal action all that more difficult. But a certified letter certainly couldn't hurt and it's cheap.

    Djeet on
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  • bowenbowen Sup? Registered User regular
    edited December 2010
    Yeah you're right. I thought he lived a bit further away.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DjeetDjeet Registered User regular
    edited December 2010
    I was referring to:
    I called my landlord, left a voicemail, and e-mailed him. He replied "I'm dumping the house and already got rid of alot of things in the house."


    Edit: Which isn't to say he shouldn't send a letter, just if his landlord wasn't bullshitting him then it complicates follow-up action.

    Djeet on
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