My boyfriend wont let me into my place of residence 2 get my stuff out. Threatens to sue me if I go to our apt

I live in Florida. I've lived with my boyfriend over a year. Recently while up in Ohio for the holidays we broke up. He put me on a plane back to Florida and took my key. My name is not on the lease of the apartment and his mom pays the rent but I get all my mail and bills sent there. I have ALL of my clothing and belongings in there. I have lived there full time with my pets and him for over a year. He doesn't get back for another week and I need at least some of my stuff. My friend(cop) said I can legally break a window because I'm locked out of my home, but I would rather just get a locksmith to open the door. Every time I say I'm going to get my stuff, he says he has people watching the house and if I go anywhere near the house I'm going to get sued. I don't plan on taking or destroying any of his things, Just what belongs to me. Can he sue me? Am I allowed to go get my belongings? Am I allowed to still live there even since its my home

******

My answer as a former Florida corrections officer:

If his mom is there in Florida, maybe she can meet you at the apartment to get your stuff out and make sure you don't take his stuff too. You could even have the sheriff and apartment leasing manager meet you there if you think it would be appropriate.

My answer as a logical individual:

If his mom is paying his rent, there is no way he has the mental or economic capacity to sue you. And if he broke up with you and was vindictive enough to steel your key, he doesn't have the emotional composure to sue you either. There is no reason you shouldn't have access to your own belongings. However, you don't have a right to damage an apartment that is not yours, so you need to gain entry in a fashion that will not result in significant damage to the property.

peaches6

I would call the local police and have them escort me to his apartment to get my stuff. If the police can't help you. . . at least they'll let you know what your legal rights are. Good Luck!

jlohlinger

Go to the sheriff's department in your county, explain your situation, and have them accompany you to retrieve your property... that way if he acts up while you're removing your things he'll get hauled off and you get the apartment back...

kevin T

Your room mate cant stop you from having your belonging. What you may want to do is have a locksmith open the door and have the police there as well. This wil protect you in gettign your things and no one can (i.e. friends) cant stop you as well. No he will not be able to sue you since you have legal rights to enter to get your belongings. You dont have to tell your room mate that your going, just do it and get on with your life.

Good Luck

Gaspode

Have your cop friend there when the locksmith opens the door.

Mike B

Go there with the police and a locksmith you can show the police your mail with the address and your name on it and your ID...and you can get your stuff. This way everythings documented

Gojira

call cops, go get your stuff. This really is not rocket science.

thanks to our brave troops,

call your local police dept and they will escort you to get your things if you can go in legally with out him there if you have to wait they can still do it and then there will be no problems..

Leroy

Braking a window would be the dumbest thing you can do. If your "friend" is a policeman , he should know that. Wait until this person is at home and bring an officer with you. They will let you get your personal things out of there. If you aren't paying the rent> It's not your apartment!

laughter_every_day

getting the cops to act as a peace-keeper is a fine idea. About him suing, let him sue. He can only recover his damages and if you only take your stuff then he has no damages. Be sure to have a witness about what you take. BTW, as you were living there for a year, you became a tenant and as a tenant you could be evicted but the process of eviction must be followed. Until then, you have every right to be there.

not my real name

no he cant sue you, hell need lots of money to do that, just get the locksmith and get your stuff and lock the apartment.

mommanuke

Anyone can sue anyone for whatever they want. But he would have to prove that you in fact harmed him in some way to get an award in his favor. You could also sue him in small claims court for the value of the property he refuses to let you get.

scottclear

Let him sue. You entered peacefully to get your day-to-day items that belong to you. Ask your cop friend to meet you there (off duty) when you call the locksmith. Everything above board.

What's he going to sue you for? You aren't damaging the apartment (that's the landlord's suit, anyway), you aren't damaging his personal property, just getting yours. Do it.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Toadsputum

Call the police and have them escort you in to get your stuff.

my avatar's hot!

Call a locksmith, get your things, and count your blessings you're rid of this ***! I wouldn't break a window because then you are causing damages to someone else's property (the landlord). If you're being threatened call the sheriff and tell them it is a potential domestic violence situation and you would appreciate an escort while removing your belongings.
That will also give you an independent witness to what you take.

mark

get a police escort to get your stuff. i saw this on judge judy before. lol

Master Yoda

You should call your police department or Sheriffs office and explain to them waht is going on. It's your residence, if he isn't on the lease kick him out, if you are both on the lease. have the police go with you to remove your belongings.

Lillian

What address is on your drivers license? You are not on the lease, you are not paying rent. It would be B&E in my mind. If you could do without that stuff while on vacation you can do without it until they get home.

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