Evicted Business Tenant - Friend's Stuff Seized?

[Eremis77]

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

Hello. I'm wondering what legal options (if any) are available for this situation.

A friend has a bunch of his belongings stored in a shop where the business owner was locked out by the landlord for non-payment of rent. My friend has attempted to contact the landlord multiple times to get his belongings out, but the landlord keeps stating that he has no way of knowing which stuff is my friend's and which is the deadbeat's, so refuses to talk to him. My friend is no longer speaking to the deadbeat either, as he owed my friend a lot of money also.

Is there any legal recourse for my friend to get his stuff back from this landlord? If it doesn't belong to the guy who owned the shop, it would seem to me that the landlord has no right to keep it?

 

[Eremis77]

Anyone? No responses yet about this issue?

 

[sandyclaus]

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

Hello. I'm wondering what legal options (if any) are available for this situation.

A friend has a bunch of his belongings stored in a shop where the business owner was locked out by the landlord for non-payment of rent. My friend has attempted to contact the landlord multiple times to get his belongings out, but the landlord keeps stating that he has no way of knowing which stuff is my friend's and which is the deadbeat's, so refuses to talk to him. My friend is no longer speaking to the deadbeat either, as he owed my friend a lot of money also.

Is there any legal recourse for my friend to get his stuff back from this landlord? If it doesn't belong to the guy who owned the shop, it would seem to me that the landlord has no right to keep it?

Sadly, the LL is right in this situation. He has no way of knowing whether or not the property belongs to his tenant or someone else. For all he knows, the friend could be claiming items that belong to him when they really do belong to the tenant. And without the tenant's input, well, therein lies the problem.

Your friend may have to take up his losses with the tenant. Unless, of course, he can prove clear ownership of the items in question with proof of purchase or other documentation, in which case, he MIGHT be able to contact the police and have them assist in retrieving the belongings. (I emphasize MIGHT, because the police MIGHT not want to get involved in this civil dispute.)

 

[Eremis77]

Thank you. I will follow up with my friend. I think he's tried to get the tenant to tell the landlord which stuff is his, but the landlord refused to talk to the tenant unless he got some payment from him.

Assuming we can convince the tenant to tell the landlord exactly what belongings in the shop are my friend's, should that be enough for the landlord to release his stuff?

 

[sandyclaus]

Thank you. I will follow up with my friend. I think he's tried to get the tenant to tell the landlord which stuff is his, but the landlord refused to talk to the tenant unless he got some payment from him.

Assuming we can convince the tenant to tell the landlord exactly what belongings in the shop are my friend's, should that be enough for the landlord to release his stuff?

Maybe and maybe not. The LL could believe that the tenant is saying that certain things belong to your friend in order to remove them from the property and protect them from being seized as assets of the tenant. Have your friend bring with them PROOF OF OWNERSHIP of the items and it will be more credible.