Legal Question in Real Estate Law in California

Moveable Property

I lived with my girlfriend in a townhome we both rented, for two years. I am no longer on the lease as of 4/30/07. Most of the personal property in the home belongs to me. She is going to court regarding a detainer issued by the Property Mgmt for 2 months of unpaid rent. Is there any legal way for me to get my personal property?


Asked on 12/10/07, 6:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Moveable Property

The property continues to belong to you, and the girlfriend (and the landlord after she is out of possession of the townhome) both have a duty to return it to you on your reasonable notice. If she refuses to return it, or the landlord refuses, she or it is probably committing the tort of conversion, which is really the civil equivalent of the crime of theft. You probably don't have a legal right to "self help" by trying to carry out a repossession, however, among other reasons since you are no longer entitled to be in possession of the real property.

I recommend first enlisting the cooperation of the property manager, because it will not want to inherit a problem with your personal property when they carry out the eviction, then maybe file and serve a small-claims action for the value of the property, up to $7,500 now, which you can later dismiss if and when she voluntarily returns your stuff. When you prepare the small-claims complaint, be sure to specify that the suit is for her "conversion" of your things, and state their value.

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Answered on 12/10/07, 8:41 pm


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