Detinue: Definition, Example and Related Terms
What is Detinue ?
For example, if a landlord retains a tenant's personal belongings without rightful cause after eviction, the tenant may file a detinue action to reclaim their possessions or the equivalent value.
Understanding detinue is important in cases involving personal property, as it offers a remedy to the rightful owner. It shares similarities with other actions like conversion and replevin but specifically revolves around the unlawful retention of an item rather than its alteration or destruction.
Knowing when to invoke detinue can be crucial for resolving disputes and can be utilized in various legal contexts where personal property is at issue. However, outcomes can depend on the specifics of the circumstances, including whether the property can be returned in its original state.
Example(s)
Scenario Description Landlord-tenant dispute over retained property A tenant moves out but is unable to retrieve personal items from their previous landlord. The items are wrongfully withheld, and the tenant files a detinue suit to recover the possessions or get compensated for their value. Employee refuses to return company equipment An employee leaves a job and retains a laptop and phone that belong to the company. The employer may file a detinue action to retrieve the equipment or its value.