The Nerve!

[Beemoma]

North Carolina

Two months ago my husband and I found a rommier place to rent and we were unable to convince our landlord to let us out of our current lease. We moved anyway, but have continued to pay the rent at the old place. We are not living there, but store some items there and had left the eletric and water on.
We pay this man every month and have never been late.
I went there to get my sons desk out of his room and noticed that the fridge was wide open. I looked closer and it had been empited and cleaned. Nothing else was changed or missing. We had some things in there still (Old and gross no doubt, unedible) but as we still pay rent I think it is MY job to clean that out when I see fit, not the landlord, who should not even be in there anyway, as we pay him rent for it still.
I am not sure what to do about this. Our dishes that were in there are missing as well, probably thrown out.
I am wondering if I can use this as a "breech of contract" of some sort and get out of this lease with him.
I am so angry I can hardly contain myself. I feel a little cheated and violated by this man's tactics.
Any suggestions?
(YES, I know for a fact it was him that did this)

 

[alligatorob]

Landlords do have some rights of entry for inspections and repairs. They do not have the right to take your things. If you have been robbed call the police; if the landlord took your dishes or anything else it was theft.

I am a landlord, not a lawyer.

Alligatorob

 

[JETX]

I understand that you are still paying rent and all, but did you notify the landlord of your temporary 'absence' from the property in WRITING??
If not, then a lot of the states allow a landlord to assume that the property is abandoned and gives them access and the right to maintain as needed. This could very easily include the 'old and gross' things that you left in the refrigerator... and the door open to 'air it out'.

I would talk with your landlord and find out what happened to the dishes.... and let him/her know that you have not abandoned the premises.

From the NC Statutes:
"§ 42-25.9.
(e) For purposes of subsection (d), personal property shall be deemed abandoned if the landlord finds evidence that clearly shows the premises has been voluntarily vacated after the paid rental period has expired and the landlord has no notice of a
disability that caused the vacancy. A presumption of abandonment shall arise 10 or more days after the landlord has posted conspicuously a notice of suspected abandonment both inside and outside the premises and has received no response from the
tenant."
Source: http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/ByChapter/Chapter_42.html

 

[Veronica01]

I don't think this statute applies to this case. The statute provides clearly: "after the paid rental period has expired". If the information given by the lady is accurate, this criterion does not apply to her case.

 

[Beemoma]

We live in a very small, rural community and we know the landlord on a person basis. I pay the rent in person to his wife, who is also my brother in-law's mother (LL is the step father) the first of every month.
They know that the have moved and the property is not abandon.
My point was that we still pay that man the rent just like we did when we were living there and I don't think he has the right to go in or do anything withour prior notice.
If I have to keep up my end and pay that rent every month, then I think he has to behave as if I still live there and give notice if he is going in, and not take my things, even if he thinks that they are ruined or junk.

 

[JETX]

I don't think this statute applies to this case. The statute provides clearly: "after the paid rental period has expired". If the information given by the lady is accurate, this criterion does not apply to her case.

I wasn't saying that the statute applied, only that most states (including the posters) do have statutes that allow for abandoned property access.

The bottom line to this whole thread is...
this writer has noticed possibly improper access to the property and possibly missing items..... yet there is NOTHING in the thread to say that the writer has even ASKED the landlord for an explanation. Wouldn't that have been the simple (and logical) thing to do BEFORE posting here??

 

[Beemoma]

the nerve

Probably, if her were not an abusive jerk. I like to know what my legal rights are or what his are before I go in an attenpt to talk to this jackass about what he has done.
I appreciate all the info from relpies though!

 

[Veronica01]

Your legal right begins to develop with the logic of jetx: ask LL for an explanation.

 

[kam2051]

So your lease has not ended - what does your lease indicate about landlord's right to entry? Does it specify if the landlord needs your permission before all types of entry, except for in case of emergency?

As for the cleaned refrigerator and the dishes, I guess he could make a case for a vermin infestation, etc, but if your lease indicates that he must notify before entering, you can write a letter. Unfortunately, NC doesn't have a statute indicating what amount of notification is needed (some states indicate 24 hours) before entering.

Other than the obvious logic, you also need to prove that it was your landlord who entered. If you can't, perhaps file a police report.

 

[HomeGuru]

Re: the nerve

Probably, if her were not an abusive jerk. I like to know what my legal rights are or what his are before I go in an attenpt to talk to this jackass about what he has done.
I appreciate all the info from relpies though!

**A: search jerk and jackass. Is landlord a her or a him. or a he or a she?