Roommate Disaster! Need an answer ASAP please!

[solo602]

My question involves a roommate in the State of: Arizona

Ok so my girlfriend rented a new apartment in Tucson Arizona with another girl, call her Lisa. Lisa payed rent and electricity on time for the first month maybe 2. Then she slowly was late every time after. My girlfriend and I went out of town on a Friday morning and asked Lisa to turn in my girlfriends money order( half the rent) and her own on friday afternoon when she got paid. She agreed and come to find out she held my girlfriends money order all weekend because Lisa didnt have rent money.
\Another time Lisa got the mail from the mail box and received the electricity bill (in my girlfriends name) opened it, and hid it from her for 2 weeks until we found it in Lisas room(snooping).
No roommate agreement was ever made =(. this last month, Lisa didnt have money for rent of electric again so we got her to agree and sign a roommate release form, after my girlfriends father paid the WHOLE rent plus late fees through a money order in my girlfriends name.
My girlfriend texted Lisa saying she could come get her stuff but when Lisa did this, she forgot some items and said she would return for them. The thought came to our heads that since possession is 9/10ths of the law, we wouldnt give her back her stuff until she pays the rent. Now Lisa is threatening to get a peace officer? to come over and get her stuff. What can we do here to get the rent and electric money and CAN a peace officer come get her stuff w/out my girlfriends permission?
Please help, she said she is coming today w/ a peace officer!
Thanks soooo much!

 

[army judge]

My question involves a roommate in the State of: Arizona

Ok so my girlfriend rented a new apartment in Tucson Arizona with another girl, call her Lisa. Lisa payed rent and electricity on time for the first month maybe 2. Then she slowly was late every time after. My girlfriend and I went out of town on a Friday morning and asked Lisa to turn in my girlfriends money order( half the rent) and her own on friday afternoon when she got paid. She agreed and come to find out she held my girlfriends money order all weekend because Lisa didnt have rent money.
\Another time Lisa got the mail from the mail box and received the electricity bill (in my girlfriends name) opened it, and hid it from her for 2 weeks until we found it in Lisas room(snooping).
No roommate agreement was ever made =(. this last month, Lisa didnt have money for rent of electric again so we got her to agree and sign a roommate release form, after my girlfriends father paid the WHOLE rent plus late fees through a money order in my girlfriends name.
My girlfriend texted Lisa saying she could come get her stuff but when Lisa did this, she forgot some items and said she would return for them. The thought came to our heads that since possession is 9/10ths of the law, we wouldnt give her back her stuff until she pays the rent. Now Lisa is threatening to get a peace officer? to come over and get her stuff. What can we do here to get the rent and electric money and CAN a peace officer come get her stuff w/out my girlfriends permission?
Please help, she said she is coming today w/ a peace officer!
Thanks soooo much!

The deadbeat, Lisa, is correct.

You can't hold her belongings HOSTAGE to force her to pay back rent, utilities, or any other debts.

That saying, "possession is 9/10ths of the law", is just that, a saying.

It has NOTHING to do with law.

You'd be wise to let her take her stuff.

You might want to take pictures or videos of her belongings.

You can bet you she will eventually say you have broken or stolen some of her junk!

How does your GF get paid?

She will have to sue her in small claims court.

You might be able to bring your action for nonpayment of the rent and utilities in a landlord tenant court.

Lisa's tenancy doesn't have to be written.

She's a tenant, nevertheless, by operation of state statute.

She has rights, as does your GF.

If I had to decide, I'd let her take her junk.

I'd let this mess go.

If this deadbeat was going to do the right thing, she'd have done it by now.

 

[mightymoose]

Give her stuff back before you get yourself in trouble. If she owes you money then take her to court. If you think she is unlikely or unable to pay even if you sue and win, then don't waste your time.
Just be happy that she is out so easily and move on.

 

[Gail_in_Georgia]

And please keep in mind that unless you are listed on the lease, you play no legal role in any of this. It is your girlfriend who needs to file for owed rent if she chooses to go this route.

Gail