Legal Question in Civil Litigation in Florida

A past co-worker and friend contacted me out of desperation because she was losing her housing and had no where to go. I paid to move her and her things to my house. She is on unemployment , collecting $275.00 a wk, the same as I am. I never asked for rent and I paid for all the food. She paid for 3 electric bills( 3 mos out of 5 mos). After the 1st month it became apparent that she was a bender drinker and I said she had to have a plan and be on the plan and attend AA meeting everyday in order to stay with me. Prior to her leaving right after Thanksgiving, she damaged several major items and I presented her with a list for damages totaling to $700.00 in front of a witness. She agreed to pay for the damages in return for her belongings. I have already returned her clothes, shoes, jewelry so she can look for work. She has been sober for the last six weeks and is still atteding AA meetings. I just want the damages paid for and she has no assets, owns no car and has no home so I feel that the only leverage is to store her belongings until payment for the damages are received.


Asked on 12/22/09, 3:00 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I am happy to hear that your friend is on the right track. While I do not believe in AA, many people do, and it helps them. You did not have a right to require her to go to AA, but if she complied, it was probably for the best.

For her belongings, it is not abandoned property. You can charge storage rent to keep it. However, you really can't legally keep the stuff as collateral for the debt owed because it is separate. This is better kept out of court.

If you need to go to court, you need to give her back her stuff, add storage to the bill, and sue her in small claims for money owed. I hope you all can work it out without court, though.

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Answered on 1/01/10, 9:41 pm


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