Q: I don’t know what to do about my ex and about these keys? I wouldn’t they be considered abandon at this point.
My ex and I broke up in Feb due to her infidelity. We had a lease together and she walked out on it. One day I got home and all her stuff was gone. A couple months later, she went back and took her mattress and stuff. She left behind a keychain with a key on it. Our lease already ended , she knew it was ending and I have since moved out. After she moved out, I paid the lease on my own despite her name being on it. She recently texted me about it and I told her that I might have it and thought I found it but I didn’t. Now they threaten to sue if I don’t give them the key back. I don’t know what to do.
A:
Clearly, if you are able to find the key, that would solve it.
If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however, she has to be able to prove that you have some legal liability for the loss of this key. Once she's proven that you have some legal liability for the loss of the key, then she has to prove that she suffered damages that the court can create an order to compensate for as a result of the loss of the key.
Under the circumstances you describe here, it is hard to see where your legal liability would lie. She didn't entrust the key to you in any way; she simply left it behind in your space as she was moving out.
If she files suit, it will likely be a small claims court. It might be worth it at that point to find an attorney to do a consultation with to be sure you focus your answer on the most important aspects of the situation.
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.
