Shoplifting, Larceny, Robbery, Theft Roommate (tenant) keeps accusing me of stealing her stuff

[godblessme]

Hi,

We have a roommate who shares a room in my house (of which we are the owner) who we are in the process of eviction. She kept asking us about her personal stuff (like sandals, pans, clothes, etc) that disappeared, of course we have nothing to do with them and don't know where they are. Today she wrote a letter (signed with her name) and give to us, listing all the belongings missing and literally accusing us of taking them.
Another detail, before, she used to rent the room, and moved out once then moved back in. Last time when she moved out, we bought some stuff from her for our unborn baby (as she just had a baby then), then when she moved back in a couple of months later, being all nice and kind, she offered some clothes that didnt fit her baby anymore to our baby (for free). Now she's claiming that she wants all things back because she only let us "borrow" them, not a giveaway. And to be honest, we want to return them but we can't remember which ones they are, you know how much `stuff a baby has.

Back to main topic, how can we avoid being falsely accused of theft, should we contact the police and explain the situation, will that be some kind of a pro-active action to us?

Thanks!

 

[raskalnikov]

You may wish to post this in the TORTS CIVIL LAW section.

That said. WHY are you evicting her?

 

[jharris352]

I actually had this happen to me

Many years ago I learned a valuable lesson about having someone in my house who was renting. If you both are residents of a house you can't be arrested for stealing within the house. The fact that you are the owner of the house means that for CRIMINAL matters you are the de facto owner of EVERYTHING in the house. Now on a practical and civil matter that isn't true and you can be sued for things that go missing if they can PROVE that you are the reason they are gone. That is quite difficult to do. Being that you are evicting this person this sounds like sour grapes. Don't worry about the cops, worry about her taking Your stuff.

As for the baby clothes she gave you, they are a gift and belong to you. Tell her to go away and stop letting her come back. She sounds like trouble.

 

[godblessme]

Thanks!

Thanks alot for your replies, I feel a lot better now. Well, the reason we're filing for eviction is because we're tired of sharing our privacy, of having her bf (who's not on the lease) come over and hang around all day, everyday as another tenant, and our own belongings got missing, too (We have no proof who did it, so we just keep our mouth shut and do what the law allows us to do.). I know eviction is a real pain, but there's nothing else we can do, just hope that God will bless us! Thanks again!

 

[CdwJava]

Okay, all because you own the house this does not grant you de facto ownership of everything in the house and you CAN be arrested or charged with stealing from others within the house.

In your case, for the roomie to prove theft she is going to have to ... well ... provide some proof of the theft. if there is some disagreement over whether property was gifted or loaned, then that would be an issue for a court. The chances are real good that the police are not going to touch that with a ten foot pole.

Contacting the police now will avail you of nothing. No crime has been reported, and they are not going to make a determination as to who owns what property. if there are problems, then they might choose to speak to her to ASK her to cool her jets until she leaves, but they cannot make her do anything at this point, and they are not going to write a non-theft report just because you might want to pre-empt something.

- Carl

 

[jharris352]

I disagree with you, at least in Georgia but the legal principle seems to apply widely. Here, I had a policeman standing in my kitchen while my partner and his girlfriend who lived in the house complained that I was "tearing up" the place. Which I was. He informed them that as long as I did not threaten them I could tear everything in the house up since it was mine. If they wanted to sue me civilly they could, but it was not a crime.

Proving or even alleging theft between two people in the same house would be nearly impossible. First you would have to PROVE that you actually had the item that you complain had been stolen. Secondly you would have to prove said item was stolen, and third you would have to prove that your roommate did it.

So while it may be POSSIBLE to accuse a roommate of theft, it isn't very plausible.

Please feel free to correct me I would love to read your comments.

 

[CdwJava]

I disagree with you, at least in Georgia but the legal principle seems to apply widely.

It's a silly concept, and one that I do not think is rooted in the law anywhere. If that were the case, then one could certainly profit by being a landlord as their tenants would effectively own nothing. There are some principles of civil law and ownership that might apply, and assumptions can be made about certain aspects of property, but to say that "you can't be arrested for stealing within the house" is just not so. Neither is the idea that if "you are the owner of the house means that for CRIMINAL matters you are the de facto owner of EVERYTHING in the house." I doubt that GA is that much out of step with the rest of the nation.

There may well be a presumption that absent some argument to the contrary many things inside the house are the property of the owner, but it certainly does not apply to the private property of tenants.

Here, I had a policeman standing in my kitchen while my partner and his girlfriend who lived in the house complained that I was "tearing up" the place. Which I was. He informed them that as long as I did not threaten them I could tear everything in the house up since it was mine.

Yes, you can "tear up" your own property. It is not vandalism to destroy your own property. If it is community property (mutually owned), it might be argued that HALF the value is someone else's, but some courts will look at said damage as a civil issue. But, if I am a roommate you do not have a right to destroy MY television set, even if I have put it in our common living room. if we bought it together, that's a different story and would depend on how the courts view it locally.

Proving or even alleging theft between two people in the same house would be nearly impossible.

It is difficult, certainly. But, as I indicated, she would have to provide the state with some evidence before any prosecution could successfully be made.

So while it may be POSSIBLE to accuse a roommate of theft, it isn't very plausible.

The accusation is easy ... proving it is tough.


- Carl

 

[jharris352]

I never suggested that a Landlord could take something inside a rented house. But when you are roommates things that are in the common area are difficult to prove ownership of. I would think at very least there would have to be a probable cause hearing before any warrant would issue. And back off the "Georgia isn't that far out of step with the rest of the Nation." California isn't doing well enough to look down their noses at us!! :no:

 

[CdwJava]

I never suggested that a Landlord could take something inside a rented house. But when you are roommates things that are in the common area are difficult to prove ownership of. I would think at very least there would have to be a probable cause hearing before any warrant would issue. And back off the "Georgia isn't that far out of step with the rest of the Nation." California isn't doing well enough to look down their noses at us!!

But you indicated that if you are both residents "you can't be arrested for stealing within the house." That implies that you can take what you wish, does it not?

You then wrote, "The fact that you are the owner of the house means that for CRIMINAL matters you are the de facto owner of EVERYTHING in the house." That implies that the owner of the house effectively owns "everything" inside the house, does it not?

I contend that neither of those concepts are true in any state. I would encourage you to find any case law in Georgia or otherwise that might indicate that this IS the law. And I KNOW that Georgia is not so absurdly of step with the rest of the nation with regards to the law, hence the reason I said what I did.

Like I said, the state would have to prove theft. It won't be easy, and probably would not able to be proven, but it is possible ... especially if the property is found in possession of the landlord or owner.

- Carl

 

[jharris352]

I would agree with you on both points. It's more that it's hard to prove than anything. I was kidding about the out of step thing. Thanks.