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Ryan3

Complex Entered Apartment, Removed Belongings and Disposed of Them Before Move-Out Date

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So, we're in the process of moving to a new place and our move-out date, noted on an intent to move-out notice, was July 31 (same as last day of lease). On Friday, our computers's maintenance came in and removed remaining belongings, trashing some and the rest nowhere to be found.

 

They admit this much, and that it was wrong. but I'm unsure of how wrong they are here. Are they responsible only for straight replacement of the items? Because there's been destruction of items with irreplaceable sentimental value, there's been stress over trying to figure out what happened and having to dig some of it out of a dumpster, and there's the violation of their doing all of this without any notice, illegally, while we still occupy the apartment. It seems wrong on a higher level than just erroneously tossing out stuff (I would think they'd need to hold or do something other than immediately trash it regardless, actually).

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1 hour ago, RetiredinVA said:

Are you leaving something out.  Like, why did they come into your apartment to remove anything?

No, they definitely made a mistake. For whatever reason their maintenance came in and began removing things to begin cleaning it up to relet. But our move-out wasn't until today, so as far as I can tell they had zero right to enter at all, never mind remove anything.

 

I'm just a little uncertain of exactly how wrong what they've done is. It certainly feels extremely wrong.

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I think you're basically saying that someone (I have no idea what "our computers's maintenance" might mean) improperly disposed of or destroyed your personal property.  If so, then you're entitled to the fair market value of the items in question (and, perhaps, you may be able to recover punitive damages).  In court, you don't get anything for sentimental value.

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Sorry, that's apparently an auto-correct flaw. The complex's maintenance entered on July 29 (lease was up July 31, and move-out was scheduled for same) and removed and disposed of our remaining belongings, yes.

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Hi @Ryan3

 

Welcome to the community and thanks for posting! Sorry to hear about the aggravation of your property management disposing of your property due to a computer error. Essentially, from your description of the facts, the property management company breached the lease contract by discarding your property when you still had legal possession of the unit. There is a question of determining the amount of damages to which you are entitled. Likely, you can value the discarded property, however, items with sentimental value can be difficult to put a dollar value on. You may be able to seek reimbursement for lost wages (if you took time off work to deal with the situation). Small claims court in Kentucky is capped at $1,500 in damages, so if your damages exceed this amount, you may want to consult with a civil attorney about filing a suit for breach of contract.

 

Best of luck and keep us posted!

The FindLaw.com Team

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