Ex-roommate's employer threatening a theft lawsuit

[blove29]

What is the name of your state (only U.S. law)? TX

My ex-roommate's employer is threatening a theft lawsuit against me. My roommate moved out the 14th of this month and still owes me 500 dollars. I have no rental agreement with this person, and was actually a friend at one point.

He moved out and forgot his car keys (borrowed a friends car when moving out) and the keys have his place of employment on his key ring. He uses the keys to open and close the store.

I told him i will not be giving his keys back until he pays me the money he owes me. He told me that if I didn't give his keys back that his employer will be filing theft charges against me. Could this even be possible? How could I steal something that is already in my house, he left them there and now I am using his keys as collateral until he pays me the money he owes me.

 

[Antigone*]

What is the name of your state (only U.S. law)? TX

My ex-roommate's employer is threatening a theft lawsuit against me. My roommate moved out the 14th of this month and still owes me 500 dollars. I have no rental agreement with this person, and was actually a friend at one point.

He moved out and forgot his car keys (borrowed a friends car when moving out) and the keys have his place of employment on his key ring. He uses the keys to open and close the store.

I told him i will not be giving his keys back until he pays me the money he owes me. He told me that if I didn't give his keys back that his employer will be filing theft charges against me. Could this even be possible? How could I steal something that is already in my house, he left them there and now I am using his keys as collateral until he pays me the money he owes me.

You cannot use the keys as collateral, so yes, if you don't give them back you are essentially stealing.

You have to use legal means in order to get paid.

 

[blove29]

Theft************** These keys were on my kitchen counter, in my house. In which I am an owner of the house I am living in. Theft is when you break into someone else's property or car and steal a car stereo or big screen TV. How can it be theft when the keys were in my house to begin with in which I am the owner of this house? Everything in my house I am the owner of, how can these keys be any different? I didn't take his keys either, I just wont give them back til he pays me.

 

[Antigone*]

Theft************** These keys were on my kitchen counter, in my house. In which I am an owner of the house I am living in. Theft is when you break into someone else's property or car and steal a car stereo or big screen TV. How can it be theft when the keys were in my house to begin with in which I am the owner of this house? Everything in my house I am the owner of, how can these keys be any different? I didn't take his keys either, I just wont give them back til he pays me.

The moment you refused to give him back those keys it was no longer "he left them at my house."

§ 31.03. THEFT. (a) A person commits an offense if he
unlawfully appropriates property with intent to deprive the owner
of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective
consent;
(2) the property is stolen and the actor appropriates
the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement
agency was explicitly represented by any law enforcement agent to
the actor as being stolen and the actor appropriates the property
believing it was stolen by another.

That should clear things up a bit for you

 

[cyjeff]

So, if he left his wallet or daughter in your house, you would be claiming those as well?

Of course not... that would be wrong. So is this.

 

[blove29]

Whats wrong is he needs to pay his debts. Maybe i was counting on him paying what he owes so I can pay the outrageous power bill next week. Not so much on the fact that I have his keys. Pay what you owe and you get your keys. And c'mon, having someone's kids is a little bit different. Stupid example. Both your examples place an actual name on a persons belongings.

 

[BL]

Whats wrong is he needs to pay his debts. Maybe i was counting on him paying what he owes so I can pay the outrageous power bill next week. Not so much on the fact that I have his keys. Pay what you owe and you get your keys. And c'mon, having someone's kids is a little bit different. Stupid example. Both your examples place an actual name on a persons belongings.

Here's the deal .

The employer should NOT need your X room-mate's keys , but the fact that you have a set it your possession ( holding them ) means you could have access to the property .

This issue of the keys should actually be resolved between the Employer and the employee , but I don't think the employer wants to change the locks and thus wants the keys for security purposes .

It will do you NO good to keep possession of them .The employer can simply change locks , if need be .

Send the keys RRR Certified mail ,and sue your X room-mate the proper legal way .

If he still works at that place at least you know you can have his wages garnished ,if need be to collect on any Judgment .

 

[Banned_Princess]

Couldn't the owner of the keys sue OP for damages from the illegal holding?

Damages may only be the price to replace the keys, locksmiths can be pretty expensive, and if the car/s needs a new column, but at least that will come off the 500. the judge needs to decide he owes.

OP you have to give the keys back, you have essentially stolen them, and then you will owe him everything he had to do to mitigate his damages.