Legal Question in Real Estate Law in Massachusetts
Lessor liability to protect property of leasee.
My problem stems from owing a landlord of business storage space. A sum of $ 600.00 for back rent. Although the owner notified me of the situation, I did contact him to let him know that I would pay the back rent. However, he proceded to throw out my used industrial equipment valued at approx. $20,000.00. I found out, by seeing the very same equipment at another place that I had previously purchased used equipment. When I discovered the offense, I filled out a police report. and also tried to bring a theft complaint against the owner of the facility. This did not work, because someone in the clerk's office did not forward the complaint to the Magistrate of the Court in Mass.(1)I want to know if I have a case of willful distruction of property. (2)Also do I have to sue in Civil Court. (3) Is my case strong enough under Mass.General Laws.
1 Answer from Attorneys
Re: Lessor liability to protect property of leasee.
I assume you didn't use a lawyer. If the equipment was really worth $20,000, I would think you wouldn't want to fool around on this. I believe that, most likely, a lawyer would have prevented the clerk from nipping this one in the bud. The standard the clerk uses, unofficially, is "a snowflake on its side": it usually doesn't take much to find sufficient evidence to send it along. That's really too bad that happened.
What was the equipment? How much was the used equip. co. hoping to get for it? Have they already sold it? At some point you lose the right to get the equipment itself back if you don't take action; it's a ticking time bomb.
Where the police have taken no interest, you should of course bring civil claims.
Willful destruction of property? Again, you ought to get a lawyer. Larceny is basically it. There are other terms to learn, e.g., bailment. There are claims
Important: do you still have the notices you were sent of your back rent owing and do you have your original contract? It's not fatal if you don't, but a lot better if you do. What records do you have of your communications to them?
What city are you in? Maybe I can find someone trustworthy to help you out.
If what you say is true, your case is certainly strong enough.
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