How can my son get his belonings out ofhis landlords’ house, if they will not let him?

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How can my son get his belonings out ofhis landlords’ house, if they will not let him?

My son was living with his girlfriend in a house owned by her parents. There was no contract and he was allowed to stay for 3 years without paying any rent. He and girlfriend broke up and he has moved out. After he made arrangements to move his furniture out, they told him that he cannot have it because he owes them $16,000 in back rent and they are keeping his furniture. How can he get his furniture?

Asked on December 4, 2010 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

He needs to seek help from an attorney in this matter and he needs to consider suing them for the property.  If they do anything with it they could be guilty of what is known as conversion.  He is in a very tight and sticky situation.  Is this property a property separate and apart from the house that the parents love in as well?  Did the girlfriend pay rent to the parents?  Who paid the utilities? What may happen is that they will counter sue him for the back rent that they claim he owes.  Be prepared for that.  They are not in a good place as who would wait three years for someone to pay them rent and not sue before then? And I think that any Judge will see that they are being retaliatory against you because of the break up.  But it is still a pain in the neck.  Good luck.


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