Someone broke my property but forgot theirs at my place can I keep it?

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Someone broke my property but forgot theirs at my place can I keep it?

My girlfriend’s friend broke my guitar
and is not going to pay for it and
forgot to take his PS4 when he got
kicked out can I keep it until he
remberses me or if he doesn’t? He ended
up getting me kicked in the face and
thrown out of my home .

Asked on August 17, 2017 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. Even when someone else broke or even took your property, or otherwise owes you money, you may NOT take or keep his belongings: doing so is theft, and he could press charges against you and have you issued a criminal summons or even arrested. Your recourse is to sue him (e.g. in small claims court, as your own attorney or "pro se" to save on legal costs) for the value of your guitar.


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