Can someone keep your belongings after you move if you lived with them temporarily?

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Can someone keep your belongings after you move if you lived with them temporarily?

I moved into a friend’s house for about a month and a half without signing a lease or agreeing to pay rent. After that time I moved in with my girlfriend but kept my stuff at my friend’s house; he never asked me to get it out. About 4 months later he served me with papers to pay $2300 or forfeit my stuff. I couldn’t pay it so I don’t have my stuff. He also didn’t give me 30 days so I was wondering what my options were and how to go about getting my stuff back.

Asked on March 31, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Even if you legitimately owed your friend money, he could not simply keep your belongings (or "hold them hostage") unless and only if you had used the belongings as collateral for what you owed him. Otherwise, if he thinks you owe him money, his recourse is to sue you.

2) You would not owe him any money if he had allowed you to stay (and keep your belongings there) rent free or without paying; he may not after the fact decide that he should have charged you money and change the agreement or arrangement.

If your "friend" will not return your belongings, you would seek their return by suing him for their return or for their monetary value.

Of course, lawsuits cost money and take time--since you did store belongings at his place (which would have cost you money, had you, for example, put them instead in a self-storage facility), you may wish to try to negotiate with him and see if you can't pay him a fair amount (e.g. what four months in self-storage would cost) to settle the matter out of court.


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