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What can my friend do about his apartment complex taking ALL his possessions while he was in the hospital?

This legal question related to civil litigation & trial law attorneys in Oklahoma & Oklahoma CityOklahoma has been answered.

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Location: Oklahoma, Oklahoma City  |  Law type: civil litigation & trial law attorneys Commented 1x
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My friend was in the hospital for an extended stay, however, his payee kept the rent paid. When my friend returned to his apartment ALL his possessions were gone. He called police and was told there was no damage to his windows or door, whoever took his belongings used a key to get in. The only persons with that key were himself and the complex office. Before he went to the office to discuss the matter, another neighbor told him the office had been telling everyone he had died.

Quick reply - apartment complex possession:

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The response provided below is specific to civil litigation & trial law attorneys in the jurisdiction of Oklahoma, Oklahoma City. If the response is inadequate, please submit a detailed inquiry.

Unlawful Disposal of Tenant's Possessions: A Detailed Overview

Situation Analysis: Upon his return from an extended hospital stay, your friend discovered that all of his possessions were missing from his apartment. Even though the rent was consistently paid during his absence, he faced this devastating loss. The police found no evidence of forced entry, implying that someone with a key was responsible. Disturbingly, the apartment complex office had been spreading false information about his death. This leads to the potential conclusion that they might be involved in the disappearance of his belongings.

Relevant Legal Provisions:

  1. Oklahoma Residential Landlord and Tenant Act
  2. Oklahoma Statutes, Title 41 - Landlord and Tenant
  3. Oklahoma Civil Litigation & Trial Law

Potential Legal Recourse:

  1. Consult with an Attorney: The first step should always be to consult with a civil litigation & trial law attorney. They will provide guidance on how to proceed.
  2. Document Everything: Your friend should gather all evidence such as rental receipts, witness statements (especially the neighbor who mentioned the false death rumor), and the police report.
  3. Legal Notice: Before filing a lawsuit, it's customary to send a legal notice to the apartment complex management seeking redress.
  4. File a Lawsuit: If the apartment complex doesn't respond favorably to the legal notice, your friend might need to consider filing a lawsuit for unlawful eviction and conversion of personal property.

Estimated Legal Fees in Oklahoma City:

Legal Service Average Cost
Initial Consultation $200 - $400
Drafting and Sending Legal Notice $100 - $250
Full Legal Representation in Court $2,000 - $10,000 (or more)
Settlement Negotiation $1,500 - $3,500

Note: These are just approximate figures and actual costs can vary based on the complexity of the case and the reputation of the attorney. Some attorneys may also take cases on a contingency basis, especially if the potential for recovery is high.

Next Steps and Actions:

Your friend's situation is unfortunate, but he can and should fight for his rights. Remember, while this guide provides general information, the specifics of each case can vary. Therefore, it is vital to find the right lawyer who can guide you through the process. Your friend should also consider asking more specific queries to understand the nuances of his legal standing better.

Questions to Consider:

  1. Extent of Documentation: Does your friend have photographs or any other form of documentation showing the state of his apartment before the incident?
  2. Communication with Management: Has your friend formally approached the apartment management regarding this matter? If yes, what was their response?
  3. Insurance Coverage: Did your friend have renter's insurance that might cover some of the lost possessions?

Q1: Can I sue my landlord for wrongfully disposing of my property in Oklahoma?

In most cases, yes. If your possessions were wrongfully disposed of by the landlord or the apartment complex, you have the right to seek compensation.

Q2: What is the statute of limitations for such cases in Oklahoma?

For most personal property cases in Oklahoma, the statute of limitations is two years. However, always consult with an attorney to get specifics for your situation.

Q3: Can the spreading of false rumors about my death be considered defamation?

Potentially, yes. Spreading false information about someone's death can harm their reputation and might be grounds for a defamation lawsuit.

Q4: How do I prove the value of the possessions I lost?

You would typically provide purchase receipts, photographs, and any other relevant documentation that can establish the value of the items.

Q5: Can I recover legal fees if I win my case against the landlord?

It depends on the specifics of your lease agreement and the statutes in Oklahoma. In many cases, if you prevail, you can recover attorney's fees and court costs.

To get started on this legal journey, I would strongly recommend you compare lawyers in your area to find the best fit for your friend's needs.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What can my friend do about his apartment complex taking ALL his possessions while he was in the hospital?" has been changed 1 year ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Oklahoma, Oklahoma City & area of law: civil litigation & trial law attorneys.
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Last answer by Counselor  |  Written  5 years 2 months ago
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"What can my friend do about his apartment complex taking ALL his possessions while he was in the hospital?"

civil litigation & trial law attorneys Oklahoma Oklahoma City

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Written by Counselor
Sat, 06/22/2019 - 12:34
  1. When you own a home, your legal rights are evident in a lot of ways.
  2. When a tenant fails to pay his rent or otherwise acts with disregard to the terms and conditions of his lease, his landlord can only evict him through the courts.
  3. Your landlord could be held liable if you are injured or victimized on his or her property...
  4. If you leave things behind when you move, your landlord can sell them...
  5. Every landlord will have to deal with abandoned personal property at some point...
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