Legal Question in Real Estate Law in West Virginia

roommate theft

My former roommate lived in our apartment while I went home for the summer. If she did pay a bill, it was late. This was normal so I would take care of it myself and then get my money back later. However, when I returned home she had moved out, which I had known about. But, some of my silverware was gone, the glass lid to my crockpot was gone, as where two pieces of expensive, and sentimental jewelry. there was no sign of forceable entry. I can't prove she took it because i don't know when they were taken. my landlady told me she had alot of people over most of the time. and we both have told her she needs to lock the door and she has refused many times. Is she liable for the theft?


Asked on 9/21/02, 3:48 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: roommate theft

Your first thought should be to make claim on your insurance. It is missing from a known place at a known time and the theft coverage should apply, unless the roommate is a named insured. It would appear from the facts given that your roommate either converted the property for her own use or was negilgent in failing to exercise due care in the prevention of loss. I think this is a good case for Magistrate Court. I would make demand for payment first.

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Answered on 9/22/02, 1:00 pm


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