Legal Question in Landlord & Tenant Law in California
How long do I have to keep and ex-roommates belongings? I was letting a friend stay with me who left 5 days ago due to personal issues we had. He was not on my lease. He states he does not have a car to pick up his belonging. I have offered to take these items to him or meet him somewhere with the belongings. I do not know where he is living so I have done all of this via, text, voice mail and email. How long do I have to hold his belongings before donating, selling or trashing?
1 Answer from Attorneys
Landlord/Tenant law does not apply to the situation you describe. The law of "Bailments" applies. As an involuntary bailee, you must give reasonable notice that you want the goods retrieved, and notice of a reasonable time in which to collect them before you will dispose of them. What is "reasonable" is not specified in the law. So the safest bet is to so extra super reasonable that no one could conclude you were unreasonable, and then if the things are not gone, you can get rid of them. If you get money for them, however, you may only deduct any acutal provable costs to you of holding and selling them (and no, irritation is not a cost); the rest of the money has to be paid to the bailor.