Legal Question in Real Estate Law in California

California Personal Property Laws

i was storing my old roommates furniture at my place. I told him i would only hold on to it for three months. i didn't contact me at all for nine months, and then i refused to pay me for the inconvienece of storing his stuff. Does he have any legal rights to his furniture after nine months of no contact?


Asked on 7/19/07, 8:32 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: California Personal Property Laws

Yes, of course; your old roommate still owns it. Providing storage doesn't change ownership, and it doesn't even necessarily give you a storage lien unless you had an express agreement at the outset that your storage had a business aspect.

However, once you have given reasonable advance notice that you won't continue to store the stuff any more at all, or that you won't continue to store it unless paid, and the time given to come and get it has elapsed, you no longer have a duty to take care of it. You can sell it in a commercially-reasonable manner if you want. However, the money from selling it isn't yours, it's his.

For further information read the part of the Civil Code dealing with bailments, which in California are referred to as deposits, sections 1813 to about 1858, particularly section 1847 regarding termination of the duties of a depositary (you).

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Answered on 7/19/07, 10:42 pm


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