What to do if a body shop terminatedits lease early and the landlord changed the locks with $1500 in parts for my car inside and refuses to give them back?
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What to do if a body shop terminatedits lease early and the landlord changed the locks with $1500 in parts for my car inside and refuses to give them back?
We brought a used car to an auto body shop to be painted in exchange for some cash and a truck. They delivered the car but some parts were left at the shop to finish up. They gave us a key to the shop and told us to pick up our stuff the next weekbut we couldn’t get out until a day or so later. However, when we finally did get there the key did not work. We got a hold of the landowner a few days later and she said she changed the locks because the tenant broke the lease and left. She will not give us the parts back because the tenant owed her money. She’s selling the parts.
Asked on February 4, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The landlord is commiting theft if he or she is selling parts which belong to you--it does not matter what the tenant may owe the landlord, or what arrangements they may have had; the landlord has no right to sell the parts of third parties.
Obviously, a hurdle for you may be proving ownership--do you have receipts, bills of sale, etc.?
Assuming you can prove ownership, you might first go to the police and indicate that the landlord has taken property belonging to you--the police may help you. If they do not, deciding that this matter is better handled by the courts, you would sue the landlord. You would go to court for a "temporary restaining order," ordering the landlord to not sell the parts and to turn the over to you. Contact your court, the clerk's office: they should provide information as to what to do.
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