How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53669
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My ex landlord removed property that he said I could keep there

This answer was rated:

My ex landlord removed property that he said I could keep there after I moved out and then took my property somewhere else and my friend across the street told me or I wouldn't o even known. Is that legal he stole my boat saying I owe him money even if I don't.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Your ex-landlord is not legally entitled to hold your boat hostage even if you owe him money. Only had he sued you and obtained a judgment would he have the right to take the boat in satisfaction of the judgment. You can contact the district attorney's office and file a criminal complaint...they may or may not be willing to pursue this since you originally gave the ex-landlord the authority to safe-keep the boat and want you first to pursue this on the civil side. On the civil side, you absolutely have a cause of action against your ex-landlord. You would want to file a civil suit for your damages to give you the leverage and collection options that are needed. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment. It's likely as part of the judgment, the court will order your boat returned to you..and if the ex-landlord then fails to return it, he will be in contempt of court and subject to criminal and/or civil sanctions.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 3 years ago.

I gave him permission to keep it at the rental where it was not to remove it from there

Thanks so much for your reply. I totally understand. As a "bailiff" he would be able to move it, but would have the duty to safeguard it. It would not have the right to use it. And, once you've withdrawn your consent to hold it, he is obligated to release it. And, you do have both a criminal and a civil claim. But, the burden of proof in a criminal case is "beyond a reasonable doubt" and for a civil case only a "preponderance of the evidence." Thus, most of the time, the criminal prosecutors will not pursue these kinds of cases until and unless you first prevail on the civil side.
Richard and other Real Estate Law Specialists are ready to help you
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Thank you also for the bonus! I appreciate your kindness!

Related Real Estate Law Questions