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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Stayed with a friend! she agreed I could pay her rent when

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Stayed with a friend! she agreed I could pay her rent when I was able.I moved in a lot of my personal belongings LARG RUGS LARGE MIRRORS BEDDING Ecesories.I had to move out because it just was'nt working! I owe 4,700 I was the three months. I dont have the finances write now she is keeping my things. I would like to know if she can do that!!
I did tell her I would pay her monhly untill I pay her off but she wants to keep my belongings
can you give me some advice
Thanks
Caroline

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal problem today.

William B. Esq. :

Your friend cannot keep your personal belongings as collateral for rent. These are self help options that are not available to a landlord (your friend is considered a landlord in this circumstance). Without having a judgment and an order to levy personal property, she cannot withhold your personal property.

William B. Esq. :

You may still be liable for the remainder of the rent, and she does have the option to file a claim in small claims court for the rent due (after which she can get a judgment and enforce her rights that way). But she must turn over your property to you promptly upon demand. You may wish to follow up your oral demands with a formal (letter) written demand.

William B. Esq. :

Here is a very helpful publication by the California Department of Consumer Affairs that sets out the "step by step" process to recover your personal belongings in this exact type of situation: http://www.dca.ca.gov/publications/legal_guides/lt-4.shtml


Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal problem today.

Your friend cannot keep your personal belongings as collateral for rent. These are self help options that are not available to a landlord (your friend is considered a landlord in this circumstance). Without having a judgment and an order to levy personal property, she cannot withhold your personal property.

You may still be liable for the remainder of the rent, and she does have the option to file a claim in small claims court for the rent due (after which she can get a judgment and enforce her rights that way). But she must turn over your property to you promptly upon demand. You may wish to follow up your oral demands with a formal (letter) written demand.

Here is a very helpful publication by the California Department of Consumer Affairs that sets out the "step by step" process to recover your personal belongings in this exact type of situation: http://www.dca.ca.gov/publications/legal_guides/lt-4.shtml

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