Wyko

I just got back from a month-long trip. Before I left I entrusted my bike to a friend of mine and left it tied to a bike rack at his apartment. When I got back I learned the landlord had stripped the racks of all the bikes that didn't have a special sticker that my friend hadn't known about, and which wasn't in the rental contract he signed. There were notices put up around the apartment complex about the imminent bike removal, but my friend apparently didn't notice them. The landlord cut the bike locks and sold my $1,300 bike. To be clear, I was not (although I am now) a tenant at this property.

There's two ways to look at this, and I want to know if I can fight this legally on either grounds:

A) My friend's landlord stripped a bike that was left in my friend's custody and sold it immediately after cutting the lock.

B) I left my bike at a bike rack on private property that had no notices saying I was not allowed to park it there. The owner of that property cut my lock and sold it immediately.

ChrisENC

screwed

Camilo

It certainly isn't the landlord's problem. Your oblivious friend lost you a nice bike.

Digital_Cowboy

We had another member post something similar a few months back. Only in that case he'd left his bike locked to a public bike rack for 2 months. Came back one day and it was gone confiscated by the city. In that case the member was all upset claiming that the city "owed" him for a new lock and/or bike.

In this case IF you have a case against anyone it would be your friend. As you'd loaned/left your bike with your friend. And he was not able to return it to you in the same condition as you'd left it with him.

That the landlord requires a "special sticker" that your friend didn't know about sounds a little draconian. And that it wasn't mentioned in the lease that your friend signed might work to your favor.

smasha

general rule: any items/property that are "abandoned" by a tenant have to be held by the property manager for a period of time before being disposed of. that varies from state to state, best to check with a tenants association or similar organization that gives legal help to renters.

i would file charges against the property manager for theft. if your friend had a lease at the time, and they didn't see or acknowledge any notices (or perhaps more importantly, depending on the jurisdiction, they didn't sign an amendment to the lease), they might have to sign off on the complaint. first i would get it in writing from the property manager that they destroyed your lock then removed and disposed of the bike. then use that as evidence of theft. if there's nothing in you or your friends lease about the use of something that's ostensibly there to park bikes, i'd think it's a good case. the analogy here is that car parking is ALWAYS specified in a lease IF there are restrictions (number of vehicles, types of vehicles, etc) and if it's not specified, then any parking that's otherwise legal is NOT a violation of the lease.

Digital_Cowboy

Another question, does the landlord require that "special sticker" for tenants who own cars?

CB HI

Just putting up some flyers that may not be seen is not sufficient. Each renter should have been provided a mailed notice and then given a reasonable time to comply. When you rented, did they give you any information of such rules in writing?

I know a reasonable time in Honolulu is considered on the order of one month. I would send a certified letter of demand and if not satisfied, file a small claims case.

KD5NRH

This is interesting, though it doesn't mention property of a tenant (effectively, the bike in your friend's care should be treated as having been his property at the time) who hasn't left and isn't in arrears at the time:

smasha

that seems consistent with other states, and with what i learned in a NC landlording class. having been a renter and a landlord, i'd say there's grounds for civil and or criminal remedy.

CB HI gives good advise, you might want to start with that. if the landlord makes it clear that he won't reimburse you, file criminal charges of theft (might be grand theft, considering the value of the bike) also file a civil suit for the replacement value of the bike. by then you'll have the landlords attention, and you can negotiate to drop your cases if he reimburses you for the bike and the lock... as soon as his check clears you can drop the criminal charge and request the civil claim to be dismissed.

first get an admission from the landlord, either in writing or a voice recording, that he destroyed the lock and disposed of the bike. this is evidence that you want before you do anything else, and can probably be obtained in a very friendly way.

if you can't negotiate a solution with the landlord, and wind up taking it to court, have an independent valuation of replacement cost in writing. most bike shops should be able to do this. without it, the value of the bike is a matter of dispute.

KD5NRH

Looks like Ohio defines $500-$5000 as fifth-degree felony theft, so it would be worth pursuing if the landlord decides to be a problem. The main thing to remember, though, is that what he got for the bike is completely irrelevant; if he let himself get ripped off, that's his problem and his alone. Stealing a Ferrari and selling it for a dollar doesn't reduce the offense or the civil remedies due to the lawful owner.

brumskee

Does your state have small claims court? If so file against the landlord.

jjermzz

Cost of criminal case lawyer > the cost of reimbursement.

I thought the purpose of a bike rack was to lock your bike on it. It seems to be an ATM for the Landlord

rjc100

"general rule: any items/property that are "abandoned" by a tenant have to be held by the property manager for a period of time before being disposed of. that varies from state to state, best to check with a tenants association or similar organization that gives legal help to renters"

I live in Michigan, and used to be in Apt management. Thje law stated that we had to hold any property obtained like this, or even left from move outs for min 30 days. If owner comes to collect within that peroid, they may have to pay storage fees, but if property was missing, property mgt was liable. I would contact a lawyer to see what your state and options are.

KD5NRH

Prosecution of criminal cases is handled by the state. Only the landlord would need to hire an attorney for that. For the civil case to get reimbursed, legal fees would be added to the damages.

Either way, the tricky part is who the directly injured party is; you as the owner of the property, or your friend in whose care the property was at the time and who could be considered responsible for reimbursing you for your loss. (i.e. the landlord would owe your friend for what your friend owes you as a result of the loss of property in his care) That's the part I'd want to talk to a local lawyer about.

GeoBigJon

I think your screwed. My opinion is you left your bike on private property with out letting the property owner know, and you trusted a friend to keep your bike safe. Seems to me he never checked on the bike, further screwing you by his inattention.

Wyko

I checked the lease, and there is nothing in there at all about bicycles. It talks about cars, but not bikes. Interestingly enough there is this clause:

So, if the landlord had told my friend about the sticker, that's still completely beside the point: It wasn't in writing.

Digital_Cowboy: The landlord doesn't require a sticker for cars, but she does take down their registration information. There is specific language about being able to store up to two vehicles at the apartment.

My biggest problem is that I've been scouring Ohio laws for hours now and I can't find any laws that deal with abandoned property, which is (I'm sure) what the landlord considered my bike.

Brontide

Short of legal authority to do so that would clearly make the actions of the landlord theft. If there are no laws on abandon property he has no right to claim it as his own, let alone sell it.

smasha

IIUC, most/all jurisdictions in the US, and i'm not sure if this is statutory law or common law, is that a "finder" of "abandoned property" is required to notify police of the find. in most cases the police will then take the property into custody and wait for it to be claimed... if it's not claimed it will be sold at auction. i'm not aware of the finder having any legal rights to take possession; especially if the "found" object is secured with a lock.

"finding" a bike that's locked to a (semi-)publicly accessible rack, destroying the lock, and selling the bike = theft. it would have to be there for much more than a month before a property manager can claim otherwise, unless there's a clause on the lease that states other terms, or conspicuous and properly maintained signage near the rack.

it might be different if your bike was locked to a sign, stair-rail, etc... the property manager could then claim that it's an obstruction or safety hazard, but he'd still have to keep it safe for a reasonable time or deliver it to the police.

btw, did you have the serial number of the bike? did you report it as a theft? it would be amusing if the landlord sold it to a pawn shop and the police can pursue it that way. it almost sounds like s/he just wanted your bike, and attempted to make stealing it sound legitimate.

Wyko

I absolutely have the serial number, and I filed a police report the very day I got back.

skye

Oxford, OH is a college town, as I well know, having attended the lovely public ivy there. College-town landlords, dealing with a transient population and a high-turnover rate, pull this kind of crap all the time, figuring the kids won't know how to deal with it, or lack the resources to do so. Which is true, most of the time.

The landlord is clearly in the wrong here, failing to provide sufficient notice and time for compliance. But good luck getting the idiots who pass for cops in that town to do anything, especially when it comes to student vs. local landlord. It ain't gonna happen.

If an attorney touches this one at all, it would be for a 35% cut. Which may well be worth it, if he can put a tight squeeze on the landlord. I bet a half-decent attorney could turn this into a $5k claim in no time.

Completely OT: I once watched an apartment building in Oxford burn down while the volunteer fire department ran around in circles doing nothing. As it turned out, a good percentage of them were drunk as skunks. Simply appalling.

mconlonx

Y'all just learned a $1300 lesson. Cheaper than college...

Wyko

While I have heard plenty of really nasty stories about the police here, the officer I am talking to is actually really being helpful. He's been giving advice and will actually come over in a few hours to read over the lease with me. He seemed be be siding with me against the landlord, so there's hope in that corner at least.

Brontide

Contacting your local/county small claims court is probably a good thing at this point as well. Get the information you need to get the ball rolling once you can legally confirm that the landlord took the bike. It will be the quickest way to get a judgement which can then be acted upon. They should even be able to help you ( or tell you who can ) prepare the documents.

2wheelcommute

Speaking as a lawyer, you clearly have at least a decent cause of action against either the landlord or your friend. Surely the landlord has a right to cut the locks (and maybe sell the bike) if he provides reasonable notice. But I would argue that notice was per se not reasonable simply based on the fact that your friend never received it.

Talk to the landlord and demand compensation. If he refuses, file a claim in small claims court (it's very cheap and relatively easy to do). He'll be forced to either take the time (and maybe money) to defend or you'll get a default judgment against him. At the very least, you should be able to recover the amount he made for selling the bike (unjust enrichment), but I'd argue for the full cost of a replacement.

Digital_Cowboy

Than why is she requiring them for bicycles? Why does she need to know if or how many bikes that a tenant has? What would she do if a tenant stored his/her bike in their unit? Which would actually be the safest place to store them. I have three bikes all are inside. Two I ride everyday the third I am rebuilding.