If my roommate moved out and left furniture for over a year now says that he will come get it but I already moved so got rid of it, can he take me to small claims court?

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If my roommate moved out and left furniture for over a year now says that he will come get it but I already moved so got rid of it, can he take me to small claims court?

Asked on July 6, 2015 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, he can take you to court in the sense that it is almost impossible to stop someone from filing a lawsuit, especially a small claims action, against you. However, you should have a good chance of winning: if he moved out and left his belongings behind for a year, it is reasonable to conclude that they were abandoned; and if they were abandnoned, you could throw them out. Based on these facts, you may well be able to convince a court that he abandoned his belongings, because he did not do anything about them for a year or more.


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