All Forum Posts by: Stephanie Menard

@Stephanie Menard, I have been an attorney for over 36 years with about half of that being a prosecuting attorney.  First I have to agree with @Russell Brazil that you have a lazy cop.  I would definitely go directly into the police department or try to get a call to make a report directly.  Officers all too often think the know the law simply because they wear a badge, when they actually know a lot less than most folks.  It is likely the officer was being lazy, otherwise you wouldn't have the it's not in your lease statement.  It is also possible that either the folks in charge of the station, or the prosecutor have set a policy of not wanting to pursue non violent crimes, or even not paying attention to crimes against folks who are not local residents.  The fact is that anyone who takes, leads, or carries away the property of another with the intent to convert it to their own use or deprive the owner of it is committing a crime.  Saying it wasn't in the lease or @Kevin Sobilo saying it just comes down to one person's word against another would negate virtually every crime.   After all rape is just the word of the victim that it was not consensual sex, breaking and entering, well the door was already broken, every theft, every credit card fraud, well the owner said I could.  Yes, lazy cop and or lazy boss or lazy prosecutor.  I have found the best way to get attention is to go the press and be very loud about the lazy or indifferent system.  I have had several cases where I finally got cops or government officials to only do their job after being very loud to the newspapers, but it does work.  

Make sure they know you plan to publicly point out to the local newspapers, Mayor's Office, and anyone who will be campaigning against them, just how stupid and lazy they are.  I would write a letter to the editor talking about the corruption or laziness of the cop, his boss and the Chief of Police.  I hate to be this way but publicity works.  Too bad the election is over, because loud stinky letters to the press really work well during election season.

Anyway, you have my condolences.  I am ashamed that we have folks like that wearing the badge or holding the office.  Maybe they can get unelected or fired.

Sorry for the rant.  No hehe I guess I am not sorry about it.

@Stephanie Menard, a few comments based on my own experience.

1. I doubt any lease clause will help you here. Once you have a civil agreement between parties, its hard to seek criminal charges for things that are not VERY VERY serious and VERY VERY clear.

For example, the tenant could just say that you orally told them they could take the furniture etc. There is no law against a verbal agreement for something like that and since you had a documented relationship with the tenant that answer would have to be considered possible.

2. It isn't just police officers deciding this way. I have seen issues like this and WORSE brought right to the district attorney's office with the same kind of result. So, it isn't a lazy officer situation. They just happen to be whom you are dealing with and who is giving you the news you don't want to hear.

3. I don't rent furnished and others may be able to point out where this is flawed, but I would consider renting the furniture SEPARATE of the unit because that may allow you to collect a deposit on the furniture. When its included in a lease for real estate then the laws pertaining to residential rental security deposits in your state apply but when its separate you should have more leeway to get some additional deposit to protect you.

You mean you HOPE all that comes to pass over the 7 year period. It’s not so matter of fact as you make it. Notes are risky (even more likely so at 15%) and you are locked in for the duration.