Legal Question in Real Estate Law in California
My ex boyfriend is in jail and I have a restraining order against him. He has a couch, a tv, and some car parts sitting in my garage. I've contacted his family members about coming to pick up his stuff but I haven't heard anything back. How do I go about legally acquiring his personal items so I can get rid of them? Or is there a time period before it automatically becomes my property?
1 Answer from Attorneys
There are really two aspects to your question: (a) what does the law say about property left behind and not picked up; and (b) how can the pick-up be done with assured safety.
As to (a), California law considers property left behind as a "deposit" -- not in the sense of a bank deposit, but rather to mean something intentionally or unintentionally left in the possession of another. The more common term nationwide is "bailment," but in California, the stuff he left at your place is a "deposit." The law basically says if you weren't being paid to store the stuff, all you need to do is give the owner reasonable notice and a reasonable time window to come and get it, and upon his failing to do so, you may dispose of the stuff in a reasonable and appropriate manner. If it's junk, you can take it to the dump. If it's valuable, you should sell it in a suitable way, like garage sale, pawn shop, eBay, newspaper ad or whatever. Any money you net, after the costs of sale, doesn't belong to you; it belongs to the now-former owner of the property, and you have to turn it over upon request, along with some info on what you sold, how you sold it, etc. So, you can get rid of the stuff, but you never become the owner of the stuff or the money it brings at sale.
Now, as to part (b), the restraining order and your personal safety. I would recommend that you arrange for him, or his relative(s), to make the pick-up during daylight hours, and when you have one or more trustworthy friends to act as observers. Perhaps the local police would be willing to provide a "civil stand-by" where one or two officers are quietly present at the appointed pick-up hour.
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