QUESTION

Holding property as collateral until the job is done

Asked on Sep 04th, 2017 on Breach of Contract - North Carolina
More details to this question:
The guy I was dating was hired to fix the pillars of my house by my dad. It took him a few weeks to get started and he still hasn't finished. As a result the work that he has done is unacceptable. When I asked when he would finish, he said that " he is not going to waste his time doing something that will probably get redone by someone else". He is already been paid in full. Now a month prior to the job, he brought his king size bed to my house and we put it in my room (he was basically staying with me majority of the time). I've been under the impression that the bed would be here to stay. Now we are on the verge of what seems to be a breakup and he says he's coming to get the bed to sell it. Am I allowed two keep the bed until he finishes my pillars?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
No.  Although it is not unheard of for people to resort to this sort of "self help" to gain leverage in a situation, you have no legal right to keep him from his property unless you had an agreement that the bed was to be security for his completion of the job.  Your remedy is to sue him for breach of contract.
Answered on Sep 05th, 2017 at 7:36 AM

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