Legal Question in Real Estate Law in California
Are my personal items mine still if the person living in the house refuses to give them? If so what should I do?
2 Answers from Attorneys
Items that you owned remain in your ownership, but if abandoned then the owner of the house [not the tenant living there] can after a reasonable time auction off those items of value. As long as you attempt to regain posession, you clearly have not abandoned the items. Contact the owner of the property to arrange to get your items back. Ask in writing that the other person state why they feel they can keep your property. It would have helped me to know the circumstances of the situation.
I agree with Mr. Shers. Possession of property does not change its ownership. There is a kind of lawsuit you can file (if necessary) to regain possession; it used to be called "replevin" but nowadays you would file an action for "claim and delivery." Hopefully, that will not be necessary.
Or, you could perhaps sue the person denying you rightful possession of your property for the tort of "conversion," which is sort of the civil equivalent of the crime of theft. Your remedy would not be restoration of your property to your possession; instead, it would be money damages equal to the value of the property converted. All that is necessary to show a conversion is that the defendant wrongfully asserted dominion over your personal property, in denial of your right to immediate possession.