Legal Question in Real Estate Law in California

recreational vehicle blackmail??

hello sir,madam

i have a personal recreation vehicle that i rented out with a verbal contract to a friends music group.

they compensated me for this,now i had them give me a deposit for it(just in case they demolished or got violation tickets for it while they had it in posession.

now they want the deposit back in full but they own me some money and i ow them some money(for repairs they did).

i am willing to pay the repairs but they do not want to give back my recreational vehicle unless i pay them the full deposit back.

can they do this?????

even when we are still talking about who owes who what??

i need it for my work.


Asked on 9/11/07, 3:50 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: recreational vehicle blackmail??

Hard to answer your question.

Normally, deposits are refunded, if the anticipated problems never occur. You are dealing with the law of contracts, and even though your agreement was not in writing, you and the users of the vehicle had a "meeting of the minds", and you and I don't seem to know what that is.

Also, they have no right to keep your vehicle, unless there were repairs to the vehicle, and then they have to file a lien.

How much money are we talking about? If you have to hire lawyers, everybody loses. It is best if you negotiate, both sides give a little, and you get your vehicle back.

Try to work out a fair deal. If you can't, e-mail, or call, my office and I'll try to come up with some solution, but most likely you'll have to retain me, or some other attorney, to, at least, write a letter to the other side and put them on notice to pay, return the vehicle, or defend a law suit.

Good luck!

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Answered on 9/11/07, 5:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: recreational vehicle blackmail??

If the term of the rental has expired, which I suppose it has, tell your "friends" that you'll report it as stolen if it isn't back to you within 24 hours. Arguably, keeping a rented vehicle beyond the authorized rental period (without a good excuse such as the vehicle being disabled) IS theft. Then, after 24 hours actual notice, report it.

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Answered on 9/11/07, 5:26 pm


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