Legal Question in Real Estate Law in California
Deadbeat roommate's personal property
Our friend moved in with us when he had nowhere else to go. After a few months we found out that he was living off of his un-employment and that most of it was going up his nose(methamphetemines). In June'03 he informed us that his UI was running out. We gave him one month to find gainful employment, he did not. We asked him to leave. He did, and requested that we store his belongings in our garage for one month until he had aquired a new residence. It is now July 7,'04 and we are still a storage facility. The amount of his possesions are such that we are prevented from parking our car inside. We have made three verbal requests for removal. We have not heard anything from him in a month. Question: Can we have an impromptu yard sale and cash in on the tweakers' possessions, or do we need to go through legal channels to protect ourselves? Also, what recourse would he have if we just sold his things outright?
1 Answer from Attorneys
Re: Deadbeat roommate's personal property
By agreeing to store his property you took responsibility for it being safely and securely stored. You will have to give him written notice of your intent to sell the property. Then any surplus exceeding the reasonable costs of storage, giving notice of the sale and conducting the sale may be deducted from the proceeds of the sale and the surplus must be held for him.