Saint Louis, MO asked in Construction Law for North Carolina

Q: If you were remodeling a home and paid money, can the owner hold your tools if she is unhappy and wants her money back

I was paid portial money upfront to do a remodeling job but the homeowner and I have a disagreement and now she is holding my tools until I return her the money she's paid me as a deposit

Related Topics:
1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Construction Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Technically no, there is no right to retain your property without an agreement to do so. If you just need to recover the tools, you can file a small claims action to recover the property. If you are still owed money on the contract, you likely could also handle that in small claims. Of course, the owner will be able to assert her defenses to your contract work. Nonetheless, even if you did work that would justify some type of damages for the owner (i.e. a refund), if you are only seeking to recover your property, the court would have to give it back to you. The court can only offset her damages against any money you claim is owed. If you are not claiming any additional monies from the owner, just go to small claims to get the property returned.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.