Posted on 08/23/2004 10:34:52 AM PDT by CFW
The Associated Press - COLUMBUS, Ga.
A complaint has been filed accusing a Muscogee County deputy marshal of allowing neighbors to pick through the belongings of a woman who had been evicted.
Virginia Upshaw, 45, says that after being evicted from her three-bedroom trailer, her belongings were hauled outside and placed near the road. Neighbors then took her possessions with the permission of the deputy marshal, she said.
Marshal Kenneth Suddeth, who was not there when Upshaw was evicted, has turned the matter over to Commander Mark Lott, who said he is unable to comment until the investigation is complete.
Upshaw said she did not know the deputy marshal's name. Suddeth and Lott refused to say which deputy was at the scene during the Aug. 16 incident.
Sgt. 1st Class Jay Johnson, who lives at Fort Benning, said he was visiting a friend in the mobile home park and tried to help take Upshaw's belongings to safety. He said he pleaded with Upshaw's neighbors to leave her belongings alone.
"I said, 'You can't take this lady's stuff,' " Johnson said.
Johnson said a deputy marshal stood across the street and watched while items such as furniture, televisions and clothes were taken.
"He said it was OK," Johnson said. "When someone asked the marshal if Ms. Upshaw could call the cops, he said, 'Why? It's free stuff.'... Everybody was saying the marshal said it was OK, and he never disputed that."
A neighbor, who admits taking some of Upshaw's furniture and clothes, backs up the account. But Scarlett O'Hara said she later returned the items.
"The marshal said the stuff belonged to the community," O'Hara said. "We asked if we would get in trouble if we got anything, and he said no... I got two TVs, an entertainment center, a bag of clothes and a big picture. But my heart wouldn't let me keep it. I felt like she was being wronged."
The landlords need to worry as much as the scavengers do. Actually, the landlord is a more easily identified target - the tenant might not have any idea who took his stuff.
Well remember, once someone has been evicted, they likely haven't paid rent in months. All the while the landlord has to keep paying the note on the home/apartment, whatever. At that point you are a deadbeat and ought to be thrown out. Well before eviction the landlord (in every state) has to have 'asked nicely' that you leave voluntarily. The eviction is the final act by the landlord to force you out because you won't go on your own. So respect from the landlord as a 'client' isn't really due.
I don't support the idea that the landlord should be liable for the property theft (and in fact he would not be if the eviction procedures were followed propertly). It is the scumbag thief neighbors who should be strung up - along with the cop who condoned their activity. Whether or not what he did was illegal, he should be a cop because he is lacking the moral character we should expect of cops.
I do think the eviction laws need to be loosened some. I mean - there should be adequate protection for tenants, but it shouldn't take months to force someone out.
I'm getting married next year & we're going to keep my fiancee's house to rent out. We've already decided we will rent only to (a) women / college gals who (b) go to our [huge] church. There is no shortage of good, honest college girls at our church. We're not renting to college guys, people with kids, or questionable single people. Fair housing laws be damned - it's our house and we'll do as we please.
Oh, I agree. In my apartment days (just a couple years ago) I had some landlords (apartment managers, actually) that acted like everyone was either a deadbeat or would likely become one. Probably a product of their experience - they do have to deal with alot of excuses, etc...
I think that deals with when the tenant moves out and apparantly 'abandons' property.
Remember that when a tenant breaks a lease, the landlord can hold him responsible for the remainder of it. So it only stands to reason that the landlord should take reasonable care to protect the tenant't property until the lease is over. That is, the landlord can't have it both ways - throw the stuff away but still hold the tenant responsible for the lease.
Renting an apartment is a business. People live off it, just like people live off driving a bus or selling cars.
You can work your tail off trying to get a nice person, but it is very largely a question of chance the character your tenant has. I treat my tenants like gold. In return, I expect some basic respect for my property and the rent paid on time.
We have had tenants glue up the drains, burn down property, and attack family members - all whom were treated very nicely - but there are a lot of nuts out there. And of course there are the professional scammers, especially in places like NY.
You can't afford to be a bleeding heart. Just a nice decent person trying to make a living is fine. The tenants have to hold up their end of the bargain too.
actually there is case law to back up her case.
I expect the law varies depending upon what part of the country you live in.
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