Chris Baldwin wrote:>>
Hello,
I have what I think is a strong case in what is a pretty bizarre set
of circumstances. I'd like to hear advice or suggestions from any
Florida lawyers or others who have had a similar experience. Here's
my situation:
I held a lease in Miami-Dade County, FL to an apartment whose term
ended 8/31/03. I moved the majority of my belongings out of the
apartment and began spending the night at my new place on the weekend
of 8/22/03. On 8/26/03 a rental agent from the property management
company phoned me and asked if he may gain entry to my apartment to
begin cleaning and painting in preparation for the move-in of the new
tenant. I verbally allowed him to do so with the explicit instruction
that I was still in the process of moving out and that I didn't want
any of my remaining possessions in the unit to be disturbed in any
way. The agent assured me I wouldn't have to worry, and that was
that.
On 8/30/03 I showed up at the apartment to finish moving out the
remainder of my possessions. When I walked in I was shocked to see my
posters ripped off the walls, my bed sheets being used as paint rags,
all of my possessions (some clearly fragile) crammed into trash bags
and thrown into a closet, and most troubling, a bicycle and three
business suits missing from my apartment.
Not only had my belongings in my apartment been ruined and mistreated,
some stuff had actually been stolen by the painters hired by the
agent. At this point, I feel I made a huge huge mistake because I did
not call the police. When I pressed the painters about the
whereabouts of my missing possessions, one of them walked around the
back of my building and returned with the bicycle and the missing
suits. He concocted a story about how he witnessed a "black man"
enter my apartment, walk out with the bike and three suits, and place
them in the back near the dumpsters. Even the agent who hired these
criminals admitted he didn't believe that story for a second.
Here is where things went from really bad to even worse. I spoke to
the agent who hired these painters and told him everything that had
happened. He refused to give me the full names of the painters who
were in my apartment and refused to offer me any compensation for what
had taken place in an apartment that I rightfully leased. I told him
I didn't want anyone else setting foot in my apartment until the
official end of my lease at midnight 8/31/03 because I didn't trust
him, and I still had possessions in there.
I came back on the afternoon of 8/31/03 to remove the last of my
possessions and to turn in my keys. When I walked into the apartment
I saw the new tenant had already begun to move in her belongings. Yet
again, my belongings in my apartment were left unsecured.
I have never been angrier in my life and I believe I am entitled to
legal recourse. I regret not calling the police when I first
discovered what was happening. I fear that was a very big mistake on
my part. What laws, if any, are broken if the landlord intentionally
allows my possessions in my apartment to be unsecured and, as a
result, almost stolen? I believe they may have broken Florida State
Statute 83.67 which prohibits a landlord from removing possessions
from one's apartment.
I really want justice here because I feel like I've really been
wronged by this company. Should I go for a legal consultation with a
lawyer? What should I do? Any advice at all would be greatly
appreciated!
Best regards,
Chris
Make a list of all items damaged, stolen, whatever, and what the value of
each item was.
File a complaint in small claims court.
Unless you can show some positive proof that items were damaged, stolen. by
the painters, or have a reliable witness, the police wouldn't even bother.
All they would do is take a report.