Tampa, FL asked in Civil Litigation and Landlord - Tenant for Florida

Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his demand?

2 Lawyer Answers
Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
Answered
  • Landlord Tenant Lawyer
  • IKEJA, LAGOS

A: In Florida, property rights and disputes between unmarried cohabitants are generally governed by principles of contract law and property ownership. Since your boyfriend is not on the lease, and if you have proof of purchase for the items he wants to take, you may have a stronger legal claim to those items.

Florida law may recognize the concept of "sole ownership" if you can demonstrate that you purchased and own the items in question. You should gather all relevant receipts, records, and evidence of your payments to support your claim.

Regarding your boyfriend's threat to involve the police, law enforcement might be reluctant to intervene in a civil dispute over personal property. However, it's crucial to remain calm and cooperative if the police become involved. Be prepared to present evidence of ownership and calmly explain the situation.

If you are concerned about his actions and wish to seek legal protection, you may consider obtaining a restraining order or filing for an injunction to prevent him from entering your property. An attorney can guide you through the specific procedures and requirements for obtaining such orders in Florida.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any such item and didn't promptly indicate an intent to come back for it, such item may be considered abandoned. Regardless of the circumstances, you should first try to amicably resolve the situation.

Terrence H Thorgaard agrees with this answer

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.