Tenant’s Valuables Went Missing After Landlord Rented Their Apartment For 2 Months While They’re On Vacation

Jul 28, 2023 by apost team

Renting can be especially convenient for people who are not yet financially stable or even for those who are not yet ready to settle down in their own purchased properties. However, despite the convenience it can bring, many tenants experience the hassle of having other people manage their homes. Dealing with landlords, especially unreasonable ones, can be a difficult thing to face. 

In one instance, a tenant took out their frustrations on the Legal Advice thread on Reddit, where they asked for possible suggestions on what to do given the aggravating experience they'd had with their landlord. 

Apparently, the tenant had a one-year lease on a property in California. They revealed that they stayed in Vancouver, Canada, for a couple of months with their family to spend time with them as they welcomed their nephew and enjoyed summer vacation. 

However, when the Original Poster (OP) returned home to California, they were shocked by what happened to their unit. 

“When I got back to my house I had noticed that items from my house have been missing, such as my PlayStation, PC and even an entire gun safe with a firearm inside,” they told the thread. “There was no sign of forced entry whatsoever, I filed a police report for the theft alongside asking my neighbors if they saw anything.”

However, a bigger revelation came when they got a hold of their neighbors. 

“This is where the wtf comes in, two of my neighbors said they didn’t even realize I was gone because they saw cars parked in front alongside people coming and going the entire time,” they continued. 

OP was surprised to hear from their neighbors that they thought they did not leave for two months. Surprised by this, OP confronted their landlord. 

“I proceeded to ask my landlord if he has had any repairmen or people coming in and going since that’s the only way somebody could have a key to the front. He said he rented out the space on Airbnb when I was gone,” they said. 

OP was “absolutely furious” about what happened. However, the landlord denied any wrongdoing in renting the unit without the lessee’s information and consent. 

“He denies any wrongdoing stating it’s his building and I vacated for the 2 months. I was paying every god damn month I was gone,” OP reiterated. “I realized now he figured out I was gone since I let him know I would be gone for a few months so instead of picking up the rent in person with cash I would cash app him.”

The landlord refused any liability for the aggravating encounter, pointing out that he “isn’t responsible” for the guests’ behavior and OP should just file an insurance claim instead. 

In the comment section of the Reddit thread, users seemed to agree with the landlord that OP should just file an insurance claim instead of being bothered to sue the landlord directly. 

“The good thing about filing an insurance claim is that they might sue the landlord for you — and they're probably much better positioned to do that. So I'd definitely talk to your insurance company,” a user suggested. “Your landlord definitely had no right to 'double rent' your apartment while you were still making rent payments on it, regardless of whether you were physically inside it or not.” 

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OP received a lot of substantial help from the Legal Advice Reddit thread. Many offered good and sound legal advice that they could follow in pursuing legal action against the intrusive landlord. 

“You should file a renters' insurance claim. You should also sue him, both for a refund of your rent and for any difference between what renters' insurance covers and the current market value of the missing property. (You will need to do research and provide comps to the court.),” a Redditor advised.

“I think you should find a tenant lawyer to at least have a consultation. California is very tenant friendly so the landlord may owe you a lot for damages. They definitely owe you for the stolen stuff but also very likely they might owe the rent back, and owe damages for unauthorized entry and possibly illegal eviction, utilities,” another echoed.

“Get a lawyer asap. Make sure to document any and all written and texted or voice mailed proof that the landlord did this... do not tell your landlord your suing, don't stop at one lawyer if you get turned down. That was a totally illegal thing they did and it cost you your belongings. And emotional stress along with other things,” a user recommended. 

A Los Angeles Times report also backed the idea of how illegal “double-renting” is. Also, California Tenant Law provides defense for cases like OP had. 

“You can sue the landlord and whoever else comes in with their permission. Sue the landlord and whoever for up to $10,000 in small claims court for trespassing, breach of contract, invasion of privacy, and breach of quiet enjoyment,” the website said.   

What can you say about OP’s problem? Do you think they can win against their landlord? Have you experienced a similar situation as them? Let us know, and pass this on to your family and friends!