Can my friend be sued fora tuxedo thatI rented for his wedding but forgot to return?

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Can my friend be sued fora tuxedo thatI rented for his wedding but forgot to return?

I was in his wedding and never got around to returning the tuxedo. I don’t live where he had the wedding and he just told me that he received a letter from the rental company threatening to sue him for the cost of the suit. I realize I can just figure out a way to get it back over there but I am a little upset that they are threatening and bothering my friend over this matter when he has no part in this. They claim in their letter that his contract states he is responsible for the groomsmen’s tuxedos since he was the groom. He said that isn’t true. Can they really hold him responsible?

Asked on September 27, 2011 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a matter of contract--if your friend did indeed sign a contract stating that he is responsible for the tuxedos, then yes, he can be held responsible for their nonreturn, even if it was a different person (i.e. you) who did not return it.

The tuxedo place is doing nothing wrong--a tuxedo costs money, so if it is not returned, they are out money. They are not required to absorb a loss simply to avoid "botherin" your friend. Your friend chose to rent from them and chose to sign an agreement stating he would be responsible for the tuxedos, so pursuant to that voluntarily signed agreement, they are looking to him for compensation for the delayed return.


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