1. When she left the suitcase to the landlord, what exactly did she do and what exactly did she say to the landlord?
2. Did she owe rent?
3. Is there any written lease?
4. Is there anything in writing, e.g., email?
You did not tell which jurisdiction. Under majority rule, even if your neice is a tenant in sufferance, meaning she retained the possession of the rental property after expiration of the lease without paying rent, the landlord cannot just go to the room, or otherwise she will have an eviction claim against him. Old days, e.g. , under common law, he may be able to use self-help to settle unpaid rent by selling personal stuff of the sufferance tenant. NOT ANYMORE in most jurisdictions. The landlord must go to court to get an eviction order or sue for ejectment.
Assuming that is not the case, and your niece did not give the suitcase to him as a gift (apparently not), what she can do is to first, emial the landlord and tell him he wrongfully deprived her of the property and ask him to get it back from salvation army. Meanwhile, list all the property and their value in case she need sue.
When she comes back, file a police report for larceny or criminal conversion. She will need a lawyer to sue the landlord if she does not know the law or court procedure. It is almost a sure thing to win. Remember, the landlord has the burden to prove she gave the suitcase to him as a gift or that she abandoned the suitcase, which in this case it does not appear like because the landlord would not send the email to notify her if he thinks she abandoned the property. The claims against him would be trespass or conversion. The remedy is the actual value if she can reasonably prove it, or a constructive trust to get the property back, or equitable lien to let the landlord pay for the value of the property. One thing you need consider is the economy. A lawyer may refuse to represent and may charge more than $300 an hour for the fee. How much would be the property worth and how much can you recover after paying the lawyer? If there is heirloom or something has great sentimental value or she can prove the landlord did it in bad faith so that she may recover punitive damage, go for it.
2. Did she owe rent?
3. Is there any written lease?
4. Is there anything in writing, e.g., email?
You did not tell which jurisdiction. Under majority rule, even if your neice is a tenant in sufferance, meaning she retained the possession of the rental property after expiration of the lease without paying rent, the landlord cannot just go to the room, or otherwise she will have an eviction claim against him. Old days, e.g. , under common law, he may be able to use self-help to settle unpaid rent by selling personal stuff of the sufferance tenant. NOT ANYMORE in most jurisdictions. The landlord must go to court to get an eviction order or sue for ejectment.
Assuming that is not the case, and your niece did not give the suitcase to him as a gift (apparently not), what she can do is to first, emial the landlord and tell him he wrongfully deprived her of the property and ask him to get it back from salvation army. Meanwhile, list all the property and their value in case she need sue.
When she comes back, file a police report for larceny or criminal conversion. She will need a lawyer to sue the landlord if she does not know the law or court procedure. It is almost a sure thing to win. Remember, the landlord has the burden to prove she gave the suitcase to him as a gift or that she abandoned the suitcase, which in this case it does not appear like because the landlord would not send the email to notify her if he thinks she abandoned the property. The claims against him would be trespass or conversion. The remedy is the actual value if she can reasonably prove it, or a constructive trust to get the property back, or equitable lien to let the landlord pay for the value of the property. One thing you need consider is the economy. A lawyer may refuse to represent and may charge more than $300 an hour for the fee. How much would be the property worth and how much can you recover after paying the lawyer? If there is heirloom or something has great sentimental value or she can prove the landlord did it in bad faith so that she may recover punitive damage, go for it.
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