Q: My cats were on my lease, but I didn’t pay the pet deposit, the landlord said I could pay the deposit and it would be ok
Or they would have to be out of the house in 48 hrs. He told this to my roommate. She decided to get rid of them, without telling me any of this information. Should I file a police report or do I have a claim against her, as I was not notified from her or the landlord? I came home from work and they were just gone.
A:
Doesn't your roommate know who has the cats now? If so, you have the right to demand their return, assuming you are the one and only documented owner of the cats. The police may or may not be willing to help with this matter; they might consider it to be a civil matter only - but it doesn't hurt to ask, either for dealing with the people who have the cats now, or dealing with your roommate, who might technically be guilty of theft or some other crime.
Regarding going after your roommate (assuming you would like to make her an enemy), you can definitely sue her in small claims court for the fair market value of the cats. You would have to somehow prove that value to the Court, such as by testimony of a cat breeder or seller. That would probably only be worthwhile if (A) your cats are valuable purebreds, like Siamese, Himalayan, etc., and (B) your roommate has assets or wages that are collectible.
1 user found this answer helpful
A: The other option, in addition to the lawsuit for damages suggested by Mr. Baron, is an action for replevin to get the cats back from the person who may have them now (assuming they don't want to voluntarily give them back). See Chapter 78 of the Florida Statutes.
Charles M. Baron agrees with this answer
A: You may have a cause of action against your roommate, but not your landlord. Practically speaking, it would probably be a whole lot cheaper to replace your cats than to hire a lawyer. The small claims court is always available for this kind of dispute too.
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