canada property landlord small-claims-court
Accidentally took something wasn&#39;t mine. Can I get in trouble for returning it?
<p>I recently moved out of a shared living accommodation. After moving out someone complained that the (shared) glove for removing hot items from the oven was missing. I had my own glove that I took and when I checked I now have two. They look almost the same so I guess I took theirs.</p>

<p>My ex-landlord (who is actually just the lease holder with the owner) is looking for all kinds of reasons not to return my damage deposit. In general money was always a source of conflict and both of us believe the other owes more money. Though I hope not, I suspect I'm going to have to take the ex-landlord to court. </p>

<p>I had a desk which belonged to me. I left it in a shared storage area. The ex-landlord had taken it to his room to use. Upon moving out I told the ex-landlord he could keep it for $40 or put it by the door and I will take it. He never returned it. (though I only know he took it because he verbally said it once, so I can't prove it). When someone asked if I took it I replied "I thought it was mine". I also messaged the ex-landlord "you still have my desk, if you agree I can keep the glove I'll consider this resolved". He replied with a lie saying the desk is his. </p>

<p>So what should I do with the oven glove? I can return it by leaving it in the mailbox. Could "admitting" to this leave me open for legal attacks if we go to court? One oven glove is slightly nicer than the other so I'd like to know which is his. How can I find this out? Should I bring up the desk and say something like "you need to agree to return my desk if I return the oven glove"? Probably not worth thinking about but since it was a shared oven glove, I don't know if there is an "owner". Should I ask for a receipt?</p>

<p>The ex-landlord claimed the oven glove was $40 but I suspect it's more like $20 especially considering it's used. He also started complaining a hall near my room was left in a messy state. This hall was shared and I was never asked to clean it. I don't recall it being messy when I left. If it really is a concern I could go back to sweep it out. </p>

<p>If you innocently took the oven glove by mistake there is no possibility of criminal consequences.  Now that you know it is not yours, you must return it as soon as possible.</p>

<p>You <em>may</em> be liable for the losses caused by taking the glove, and that could extend as far as some fraction of the cost of a replacement glove if they have already replaced it.</p>

<p>You cannot (legally) hold his glove hostage for the return of your desk.</p>

<p>Deciding which glove is which is tricky.  Given the cost of new oven gloves, I would go round with both and ask him which is his.  Even if he takes the nicer one which isn't his, you are only down a few dollars.</p>

<p>The messy hall should be a separate question (and risks being closed as asking for specific legal advice - I think you need your own paid-for lawyer for that).</p>
