Roommate going to jail--what happens to stuff?

[oshma]

Hello all.

My girlfriend's roommate is in jail for armed robbery, and will probably be going Up the River for some time (the victim chased her and held her for police, and they found the gun, so the case is pretty good).

My gf is wondering what her legal responsibility is in terms of holding on to this person's stuff. The roommate is on the lease, unfortunately--but that ends in July. As long as the stuff (and there is a prodigious amount of it) is in the apartment, my gf can't get another person in to share the rent.

Any ideas?

Thanks, all, for any insights.

[TenantNet]

You say the case is pretty good, but what would happen if for some reason the court found the roommate not guilty?

Is this person still helping with the rent?

Does this person have family where the personal effects could be delivered?

I honestly don't know what the obligations would be in such a situation.
_________________
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

[oshma]

Her disability check will continue until she is sentenced, at which point she will be completely without assets and unable to pay anything. That might be around the time the lease ends, in which case there's less of a problem. End of lease=no legal right to the apartment anyway.

[TenantNet]

It's not a question of the right to the unit, but the possessions, and I don't think one can simply wash their hands. I would hope the person charged would take care of things, but I don't know if a roommate or landlord can simply toss the possessions.
_________________
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

[oshma]

It seems unfair that my gf should suffer financially for the roommate's criminal behavior--first by having to pay full rent without benefit of a responsible roommate, and then by having to pay for storage for property that isn't hers.

[TenantNet]

No one is saying she must, but I offered my opinion that there might be some exposure, which is why she should get a legal opinion. If a tenant leaves the unit and abandons their property, usually a LL must hold onto it for a period of time prior to disposing it. That has to do with the uncertainty of it being abandoned.
_________________
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

[oshma]

I see. I _really_ appreciate the feedback. Neither of us has ever been in this situation before, and God willing, never will be again!

Thanks for your help!