If I have a tenant living in my home that I am evicting, if he is now stealing from me what can I do?

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If I have a tenant living in my home that I am evicting, if he is now stealing from me what can I do?

Asked on January 12, 2013 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can contact the police and file criminal charges for larceny.  Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.

In addition to the criminal case, you can file a separate civil case (lawsuit) for conversion.  Conversion is any unauthorized act which deprives an owner of his/her property permanently or for an indefinite time.

Your damages (monetary compensation you are seeking in a lawsuit) for conversion would be a forced sale, which is the value of the items that were stolen.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As soon as the tenant is out of your unit, then you can bring a small claims court action for the fair market value of the items stolen. I suggest that you ask the tenant for the return of the items and in the mean time safeguard your possessions.


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