I own one rental property. On a part of my lease agreement, it says "grill, lawn mower, and trash service included in said agreement". My former tenant took it to mean that I was giving him the grill and lawn mower to have as his to take with him after moving out. Is he guilty of theft by taking?
2 Answers from Attorneys
This might just be him not understanding the terms of the lease, although the wording has a lot to do with that. You should contact him and demand the property back before going the criminal route, as that can make the matter more complicated. If he refuses, then contact law enforcement about swearing out a warrant.
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Answer v.3. No, because he has not been charged, prosecuted, tried and found guilty in a court of law. You have a real and legitimate issue and, finally, a question. However, the practical reality is that any attempt to have him charged would have virtually zero chance of getting anywhere. A DA is not going to spend a second on a mower and grill and if you called the police it is more likely you end up getting a lecture from officers who think you wasted their time (even if there was nothing in the lease about a mower and grill). You can certainly call and see if it helps. Otherwise, as stated in a previous answer, make a demand to get them back, sue in Magistrate Court or keep the deposit. This is what deposits are for.
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