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rockstardom17
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just go in the place.. you still have the keys... you're still on the lease, as far as the apartments are concerned you're still a resident... same with the police..
it would be impossible for him to say you broke in... especially if you're still on the lease...
same with his property, if he says that you took stuff...
just say "prove it", how can anyone prove it... they can't...
don't be so scared... go get your stuff... there is nothing anyone can do...
i would knock on the door first...to see if he's there...then go in..
I don't see how you think this is breaking in??? |
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laughter_every_day
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It is not against the law. The cops were right to caution you about false allegations, so you might want to take a witness with you. A witness with a video camera would be even better. |
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Figure*Me*Out
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How is it breaking in? You are on the lease and still married! Go get your stuff girl! I sure as hell would have a long time ago!! |
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PATRICIA MS
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If it is your home, or was, then it seems you could go in. Lease, keys.......sure. |
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Kevin C
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If you're name is on the lease and you have keys, then you have every right to enter the apartment, unless you have some kind of court order against you. |
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Mr_Duck
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Your on the lease and you have the keys, so no legal action could be taken against you. You will, however, have to worry about him making false accusations. |
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kelekea9
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i dont see why not you have the keys if you on the lease you should be allowd there anyways |
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_
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You're gonna wanna ask a lawyer or someone of higher power about this. |
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Baby #1 on 12/10/08
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If you're on the lease, then legally you still have rights to the property-- your ex can't charge you with anything unless you go in a steal his stuff. |
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Michele C
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If you have the keys and are on the lease then you are not breaking in so I fail to see the problem. If the police come to you saying you have stolen something let them search your place....problem sorted. Get your *** there now and get what is rightfully yours. |
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skittles
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yes you can go there, even if someone calls the police there is nothing they can do to you. I my ex used to come in when I was gone and I could not prove it so they said there wasnt anything they could do, and I even had a restraining order. |
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Janay
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if you're on the lease, then its basically your house too and you have the keys, so you should go |
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Catfishchic
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I don't know the law, so I am not going to say go for it. But if you do decide to take the chance, GOOD LUCK. Also, only take what is truely yours, keep your nose clean. |
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Al W
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call him? |
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•Amber•
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do what the police say - best to be safe than sorry - its probably more trouble than its worth if you end up getting caught |
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Anne
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If you are still on the lease the manager can let you in, have him accompany you and verify that you took only personal effects. Unless there is more to this, I'm not sure what the police had a problem with... |
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Nate Dogg
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yea |
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phillymade88
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Well it seems like the only thing really messing you up is a LAPD job. I live in Vegas and work for LVMPD. They give you a polygraph test and ask you about any criminal activity. Also Im studying criminal justice and even if you are on the lease and you have the keys, if LAPD told you no, then dont do it. Thats Breaking and Entering,Unlawful Trespassing, and he can make false accusations that you took other stuff. Best way to do it, get a court ordered warrant and go with the cops. |
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Abby
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You have the keys and you are on the lease, it is not breaking in. |
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Monica
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I think you should go in and get your personal property. Since you have the keys and your name is on the lease, and your property is inside. Go for it. |
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Deluca
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If you're on the lease and you have keys then why don't you just go in? Legally you can, the police are wrong. Call the police again if you feel like you need them there and bring a copy of the lease.
This makes no sense to me. |
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forgivebutdonotforget911
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Did you pay part of this months rent and utilities? Probably not since you moved out. Therefore even though your name is on the lease, you have de facto vacated the premises.
Therefore you have no right to go back into them.
Also you moved out on him. As the one who started the action, you should have taken everything you needed at the time you left. Going back is a very bad idea.
What you need to do is NAME EVERYTHING you want back when you go to court for the divorce. The court will order him to give that stuff back to you and if he does not, he is in contempt of court. Ask for documents of course, but do not sound like a nut saying you want your shoes.
An alternative is to simply get a new copy of the birth certificate from the recorders office in the county where you were born. You can also go down to the DMV and report the title "lost" and ask for a duplicate. They will void the original document and give you a new one that says DUPLICATE on it and that will be the one used to sell the car. |
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Ben H
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If you have the keys you can not be charged go get your stuff |
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TrYiNg SoMeThInG nEw
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I think you should go for it but make sure he's not gonna be there. Make it so you can take everything in one trip. |
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Ashley
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breaking into a house is a serious crime. you might want to think about it |
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Theoden
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The police have already told you not to do this, that you are leaving yourself open to criminal accusations. Why don't you just wait until he gets back and have the police take you over then? |
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Madison
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Breaking into a house is a crime and you could get into some serious trouble for it.
You wouldn't want him breaking into your house.
Would you?
Call him and ask him to come bring them to you. |
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♥Mrs.Cullen♥
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Think about reversing the situation. If you were him, and he left you, would you honestly want him coming into your house, even if it was just to get some stuff? I know I wouldnt...its completely your decision though. Good luck. |
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Mike M
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The Restatement (Second) of Torts § 217 defines trespass to chattels as “intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another.” Harm to personal property or diminution of its quality, condition or value as a result of a defendant’s use can also result in liability under § 218(b) of the Restatement. In other words, any action that intentionally interferes with a plaintiff’s possessory interest in his personal property may be subject to a trespass to chattels claim.
The trespass to chattels cause of action, frequently asserted in recent years against Internet advertisers and email spammers, is often included in complaints against spyware companies.
To summarize, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff’s consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant’s actions. Actual damage is not necessarily a required element of a trespass to chattels claim. See, e.g., Hawkins v. Hawkins, 101 N.C. App. 529, 532, 400 S.E.2d 472, 475 (1999). |
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