Did I steal a futon?

[skyblue]

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

My old landlord claims that I stole a futon when I moved out. I doubt that the item is his to begin with, because it was the only item in the flat when I first moved in, and probably belonged to the previous tenant. The futon had to be dismantled to be removed, so was probably for this reason left in place. He claims its worth $200, but I found futons in similar conditions for $50. What should I do?

Thanks in advance for your help!

 

[Baranov]

Yup! you stole it.

I have tenants that I have loaned furniture including beds to with the promise that they will leave it in the unit or pay me for it out of their deposit. It is not far fetched to reason that your landlord could be doing the same. Sometimes we have units that are rented fully furnished but we empty them when a tenant needs an empty unit. If we have no more storage room, it helps when a tenant takes it off our hands.

 

[ecmst12]

What should you do??? RETURN IT! It was never yours to begin with, you had no right to remove it from the apartment without permission.

 

[sandyclaus]

You assumed that because it was there when you moved in that the prior tenant had left it. How did you come to that conclusion?

Ever consider that the LL let the prior tenant use it, and the tenant left it behind when left because it wasn't theirs to take? Like you should have done?

You knew it wasn't yours because it was in the apartment before you moved in. Why you would automatically assume you could take it when you moved out is beyond me.

You stole it. You must either return it or reimburse LL for its value at move out. LL may have paid $200 for it when he bought it, but it's only worth the depreciated value based upon how long it was owned & used before you stole it. That could be anywhere between the $200 claimed by LL and the $50 you believe you could replace it for.