Legal Question in Landlord & Tenant Law in California

i moved out of my rented house, and was unable to take my motorcycle with me when i left, however i left a note to my landlord that i would be back for it ASAP (she was selling the house). i then went back for it a few days later and it was gone. she came and told the new listing agent that it was hers, and she loaded it up in a uhaul and took it. she did not give me any notice, or let me know she did this. she had previously told me that if i needed a little extra time to move the new owners were ok with that - so i didnt see the need to rush to get it the day i moved out. so as far as i see it, she stole a registered motor vehicle. she now has it, and will not tell me where it is located, however she said i will need to pay transport fees and storage to get it back. i have contacted the police and they said i can, and probably should, report it stolen and that she cannot hold it in liu of payment. i simply want my stuff back. is what she did legal?


Asked on 2/18/10, 1:16 pm

1 Answer from Attorneys

If the police said you can report it stolen, it certainly isn't legal. They are not in the business of telling people to file pointless stolen vehicle reports. You also have the option to sue her to get it back or to pay the market value of the bike, whichever you prefer. If the market value is $7,500 or less, you can sue in small claims if you want the cash. An order for return of the bike is not available in small claims.

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Answered on 2/23/10, 11:40 pm


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