Legal Question in Civil Litigation in Pennsylvania
Am I stealing my friend's car?
I have been renting my garage out to a friend to store his classic car in for five years now (verbal agreement). Two years ago he had to file for bankruptcy. He was not able to pay rent for those last two years. I also lent him money six months ago. He has promised to pay back all owed monies out of the sale of his classic car. He has a buyer and wants to deliver the car and pickup the money to pay me back. Can I leaglly ''hold'' the car and force him to pay me the money first before removing the car?
1 Answer from Attorneys
Re: rights of lessor regarding personal property when bankruptcy
Theft is not the issue. He voluntarily left the car with you. He will be forced to take legal action to recover it and you will have a counterclaim for the money. If the lease was month to month and was verbally renewed after his bankruptcy case was filed, the monthly rentals after the bankruptcy are still owed.
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