BoaterExpress
New Member
My ex has left me and come back to me 5 or 6 times over the past year+1/2. WE share a 2br apt. Both of our names are on the lease. He moved out in Feb 2010 when we broke up, took 90% of his belongings and moved in with sister 15 min away. Had made a few attempts to fix things with me but nothing major. Mid July he came back around one night. He had been fighting with sister so I told him he could stay here (even though he has not paid his half of the rent for the past 3 months). I was to go out of state the next day and told him it would be ok for him to stay there if needed (he has the legal right to anyways being that his name is on the lease, might as well be on good terms). Two days later he calls me in a panic and says we just got robbed. Said he went to McD's for breakfast, came back and my two TV's were gone and the sound system. I asked him to check the security camera that I had installed in the apartment. He said he had unplugged it. Told him to call 911 and file a police report. With no signs of forced entry, the cop wasn't able to do much. I found out later from the leasing office that he had a big party here the night before. He had several guests that were "rough" looking as the office put it and they has several issues with them at the apt. pool. After sharing this knowledge with my ex, his story changed from not having anyone here to having a party, then changing again to having someone spend the night in my bed with him. He said that when they both went for breakfast (story changed from just being him), that his guest (that he just met) forgot their cell phone in the apt and gave them the key to go back up and get it. I think but can't prove this is where the guest didn't lock the door and told their friends to come and take stuff while those two were at McD. The cop said things looked very suspicious that two computers were not stolen and nothing was moved besides the TV's...closets and rooms left untouched. Cop told me directly after story changed a few times that my ex "is full of s***" and that he is noting that in the report. I have a neighbor who said he saw two black guys carrying a TV out that AM but didn't think anything of it (my ex is hispanic). Long story short...
Can I take my ex to small claims court for negligence? I can't prove that he stole the stuff, but he said himself that he gave the apartment keys to his guest that he had only known for a day or two. On top of that, all of his guests were in my bedroom. Since we were broken up, we each had our "own rooms". What will I need to help my case? I have reciepts for everything purchased. I can tell the judge that he disabled the security camera that I had on before I left. Also all keys are accounted for and no damage to locks or door. Can I also sue him for no rent payments? Clearly he abandoned the apartment in Feb. The office knows this as well as they helped me by calling him for rent and their calls went un-returned. He has changed his bank statements and some mailing stuff to his sisters address. Is this enough to show to judge that he abandoned apartment and I have check stubs for full rental payment.
Any advice is helpful. Please write me anything that you think will be important. Thank you.
Can I take my ex to small claims court for negligence? I can't prove that he stole the stuff, but he said himself that he gave the apartment keys to his guest that he had only known for a day or two. On top of that, all of his guests were in my bedroom. Since we were broken up, we each had our "own rooms". What will I need to help my case? I have reciepts for everything purchased. I can tell the judge that he disabled the security camera that I had on before I left. Also all keys are accounted for and no damage to locks or door. Can I also sue him for no rent payments? Clearly he abandoned the apartment in Feb. The office knows this as well as they helped me by calling him for rent and their calls went un-returned. He has changed his bank statements and some mailing stuff to his sisters address. Is this enough to show to judge that he abandoned apartment and I have check stubs for full rental payment.
Any advice is helpful. Please write me anything that you think will be important. Thank you.
