QUESTION
Is my former tenant guilty of theft by taking?
Asked on Sep 13th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I own one rental property. On a part of my lease agreement, it says "grill, lawn mower, and trash service included in said agreement". My former tenant took it to mean that I was giving him the grill and lawn mower to have as his to take with him after moving out. Is he guilty of theft by taking?
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Yes you charge him for the cost of replacing those items against his security deposit. but in the future be clear include the statement "this items are for the tenants use and shall be returned in good working order when tenant vacates"
Answered on Sep 17th, 2013 at 2:04 AM
Litigation Attorney serving Bakersfield, CA
at
Dessy & Dessy
Update Your Profile
Referring to a grill and lawn mower as included in the lease, simply gives the tenant the right to use that property. The tenant had no right to remove the property from the rented premises.
Answered on Sep 13th, 2013 at 3:11 PM
Probably not, unless you can prove that he took the items knowing that he should not have done so. Just tell him to give them back since a lease ends at its termination, and you did not give or sell them to him.
Answered on Sep 13th, 2013 at 2:37 PM