Legal Question in Intellectual Property in New York

items left by ex-girlfriend

My ex-girlfrind moved out of my house 11 months ago. She left items and has made no attempt to get them. Am I able to remove them without her permission after 10 months?


Asked on 2/17/07, 10:03 am

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: items left by ex-girlfriend

You should first make an attempt to contact your ex and insist that she remove the items, that the leaving of her property behind does not constitute a bailment of any kind, that you will hold the property for a reasonable period of time (you decide depending upon your safe storage capacity) and then if you don't hear from her, that you will dispose of the property. Make sure you send the letter certified, return receipt requested. You want to avoid the possibility that her leaving behind her property created a constructive bailment. The more expensive the property (tangible, like a fur coat, or intangible, like family heirlooms), the more care and patience you would want to exert. It's not a cut and dried issue so make every effort to show reasonable care. If you are unable to find out where she is or you cannot get a returned receipt, hold onto the property for one more year if you can reasonably afford to do so. If having done all of the foregoing, you still have the property and you can sell it, go ahead, but I wouldn't spend the proceeeds for another six months.

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Answered on 2/17/07, 1:13 pm


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