Legal Question in Real Estate Law in California
My father has passed away and his ex girlfriend lived with him for about 7 months 3-4 years ago. She has belongings in the home that I would like to return to her. I first attempted by phone and have made three scheduled attempts which she cancels on. What is the legal timeline and proper way to go about this in California?
1 Answer from Attorneys
The California statutes call the leaving of property with someone else a "deposit," but elsewhere the more usual term is a "bailment." The Civil Code covers them; see sections 1813 et seq., but probably section 1847 is most appropriate to apply here. It basically says that upon reasonable notice followed by failure of the owner to retrieve the item, the duties of the custodian cease. As a practical matter, I'd give her one more notice, in writing. Then, if she fails to make and carry out arrangements to pick up her stuff, you can dispose of it in any commercially-reasonable manner, including advertising it for sale, taking it to a pawn shop or secondhand store, conducting a garage sale, or dumping it, depending on value and other factors. The money from any sale belongs to the ex girlfriend, minus selling expenses, of course. Keep records of how each significant item was handled.