Legal Question in Civil Rights Law in California

Is it illegal to hold a person's belongings and not give them back due to a debt not being paid to that person? My brother rented a room from a man for approx. 7 months. When my brother moved out he owed the homeowner one thousand dollars. He was also told by homeowner to pick up his stuff on a certain day and time. When my brother showed up only a few of his things were available for pickup. This homeowner left a note saying "I will see you in court," and held onto my brothers kids toys and bikes. What can we do?


Asked on 8/28/10, 4:34 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

The taking of your brother's property was improperly done according to the Civil Code and there should be civil penalties against the land lord. Whether the value of the property makes it worthwhile to sue the landlord, since the landlord will counter sue for the $1000 is undetermined.

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Answered on 9/02/10, 4:45 pm
Terry A. Nelson Nelson & Lawless

See him in court. File a small claims case if you believe you have evidence to support your allegation of his wrongdoing and of the value and inventory of the goods. .

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Answered on 9/02/10, 5:45 pm


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