ex-roommate to be went to jail/his stuff

[snackman]

What is the name of your state? il

my roommate went to jail back in november of 2005. i still have his stuff at my house. i am in the process of talking with his parents to come down and get his things. my question is this - we never had a piece of paper that he signed for the rent he was paying me (but i do have a record w/excel on what he was paying me each week), & at the time of him going to jail he owed me a lot of money. since then i've been charging him storage rent fee for his things in my house. as of recently, his mom said she would come down for his things - he has a computer (not that good of one, but does the things i need it to do), by any chance can i keep this computer until he gets out of jail and/or pays me all the back money that he owes me?

 

[Ohiogal]

What is the name of your state? il

my roommate went to jail back in november of 2005. i still have his stuff at my house. i am in the process of talking with his parents to come down and get his things. my question is this - we never had a piece of paper that he signed for the rent he was paying me (but i do have a record w/excel on what he was paying me each week), & at the time of him going to jail he owed me a lot of money. since then i've been charging him storage rent fee for his things in my house. as of recently, his mom said she would come down for his things - he has a computer (not that good of one, but does the things i need it to do), by any chance can i keep this computer until he gets out of jail and/or pays me all the back money that he owes me?

Nope. Not really. You didn't have a written agreement? You don't seem to have any proof that there was a deal between the two of you. Your records of money you say he give you don't prove a rental agreement. And you cannot unilaterally charge a storage fee.

 

[JETX]

by any chance can i keep this computer until he gets out of jail and/or pays me all the back money that he owes me?

I agree with OhioGal.....
You have NO right to 'self-help' your owed debt (if any) by holding his property as 'hostage'.... unless you have a WRITTEN agreement with that property listed as security (collateral).

Nor do you have the right to charge for storage.... if it was not agreed to in advance by your roommate.

Nor do you have the right to recover unpaid rent from the date he left.... unless you have tried to find a roommate and can prove it to a court, if needed.

Sounds to me like you have tried to get a free ride.... by improperly trying to charge fees, etc.