Roomate The apt is in california:

[gmlast]

Jurisdiction

California

Here is the situation. My roommate and I are on 1yr lease which will end at the end of August(in CA). I have given notice by text to my roommate that I will be leaving the apt by end of August (he replied that he doesn't believe me). The car parking is tandem parking for my apt, so roommate and I had exchanged spare car keys at beginning of lease with the idea that either person can drive each other's car if needed instead of having to contact each other to move his/her car in the tandem parking spot. Recently, he requested his spare car key to be returned to him and I complied within 1day. A day later after that, I requested for my spare car key but he did not return it nor did he reply to repeated texts from me to return my car key. In one of my repeated text requests, I reminded him that I returned his car key in good faith and that I want my car key back by xxx date(xxx is a date which has now passed). I noticed that he has moved my car twice even after my texts sent to him. I thought to get picture of him in my car but I'm not near the parking spot to hear my car being turned on. My questions are 1) what are my options to get him to return my car key? 2)is it consider stealing my personal property car key since I sent him text requests? 3) is it unlawful for him to drive my car since I sent him text requests to return my car key? 4)will the LA police come if I want to confront him to verbally request my car key because I'm afraid of his hostile attitude (he said some words though I don't have any of it in writing from him) 5)can I request he be arrested for driving my car?

 

[army judge]

1) what are my options to get him to return my car key?

Your useful options are few, and those will take time.

An easier option is to simply go to a locksmith and have your locks re-keyed.

2)is it consider stealing my personal property car key since I sent him text requests?

Probably not, because you GAVE him your key.

3) is it unlawful for him to drive my car since I sent him text requests to return my car key?

Probably not in a criminal sense, if the police were called you'd probably be told its a civil matter.

That means you have to sue him in small claims court, a waste of time, a waste of more money, to be grossly disappointed.

4)will the LA police come if I want to confront him to verbally request my car key because I'm afraid of his hostile attitude (he said some words though I don't have any of it in writing from him)

Police agencies often dispatch police officers or sheriff's deputies to stand by and keep the peace while one removes his or her belongings.

I don't know if LAPD is responsive to such requests, but i do know LACSD does respond to such requests, especially where th agency provides police services to cities.

5)can I request he be arrested for driving my car?

Of course you can request it, but once the police learn you gave him th key, you'll probably be told to take your issues to civil court.

 

[mightymoose]

Just to add... Your text notice to your roommate may not be legally sufficient.
Is your roommate also the landlord? You need to notify the landlord, and should do so in writing.
Also, why are you texting your roommate in the first place? You live in the same place. Why not just speak to each other?

 

[gmlast]

Just to add... Your text notice to your roommate may not be legally sufficient.
Is your roommate also the landlord? You need to notify the landlord, and should do so in writing.
Also, why are you texting your roommate in the first place? You live in the same place. Why not just speak to each other?

 

[gmlast]

I'm not sure I understand this "your text notice to your roommate may not be legally sufficent". Is this about my notice to vacate? The 1yr lease ends at end of august and the manager has written notice back in july that I'm vacating at end of august. Am I legally bound to tell my roommate that if he stays he will be responsible for the entire sept rent? Isn't it presumed that if he stayed, the issue of who is responsible for sept rent would be between him and the LL?(I would not be liable for rent, correct?). I gave him(roommate) text notice that I'm vacating at end of aug. The roommate is a tenant not landlord. It is uncomfortable to talk to him because he's been hostile towards me and now he refuses to return my car key and has drove my car without my permission. Did I miss some step on my vacate process? What legal action when someone drives my car without permission?

 

[mightymoose]

If you have already notified the management then you are fine. You didn't indicate that in the original post.

 

[mightymoose]

A temporary solution to your car problem... Park it somewhere else so your roommate has no need to move it out of the way.

 

[gmlast]

Your useful options are few, and those will take time.

An easier option is to simply go to a locksmith and have your locks re-keyed.






Probably not, because you GAVE him your key.





Probably not in a criminal sense, if the police were called you'd probably be told its a civil matter.

That means you have to sue him in small claims court, a waste of time, a waste of more money, to be grossly disappointed.



Police agencies often dispatch police officers or sheriff's deputies to stand by and keep the peace while one removes his or her belongings.

I don't know if LAPD is responsive to such requests, but i do know LACSD does respond to such requests, especially where th agency provides police services to cities.





Of course you can request it, but once the police learn you gave him th key, you'll probably be told to take your issues to civil court.

 

[gmlast]

I didnot give my car key away. Each person's car key is expected to be returned. That has been my experience in prior apts that had tandem parking(one car parked behind the other car in single file). Isn't this situation liken to loaning a car key to someone to go to a store and then upon my request the car key must be returned to me(its original owner)? Please advise what legal actions if any, and else what to do. Can he drive my any time he wants to?

 

[army judge]

I didnot give my car key away. Each person's car key is expected to be returned. That has been my experience in prior apts that had tandem parking(one car parked behind the other car in single file). Isn't this situation liken to loaning a car key to someone to go to a store and then upon my request the car key must be returned to me(its original owner)? Please advise what legal actions if any, and else what to do. Can he drive my any time he wants to?

You're fighting a battle you can't win.

Gave the key doesn't mean gifted.

It means he has the key with your permission.

As suggested by Moose, don't park there anymore, until you vacate the premises.

Or, as I suggested, have your locks rekeyed.

The police won't have much interest in this.

 

[gmlast]

You're fighting a battle you can't win.

Gave the key doesn't mean gifted.

It means he has the key with your permission.

As suggested by Moose, don't park there anymore, until you vacate the premises.

Or, as I suggested, have your locks rekeyed.

The police won't have much interest in this.

 

[gmlast]

question: could I deny permission to drive my car?

 

[army judge]

question: could I deny permission to drive my car?

You could, but he's not communicating with you.

The things you want to do won't work.

Rekeying your locks will work from the moment you have it done.

Hiding your car until you leave will work, too.

Leaving tomorrow (as in early) works, too.