Legal Question in Real Estate Law in California
Handiman abandoned job and left his tools
we are having some odd jobs done at our home by a handyman. He has disappeared for 4 weeks, left job less than 50% done. Has not answered repeated phone calls. He left his tools here. When are they ''abandoned'', and/or when are and/or how do they become mine, or mine to sell, to recoup for loss of use of our home.
1 Answer from Attorneys
Re: Handiman abandoned job and left his tools
If you were not being paid or receiving other consideration for keeping the tools, you are probably a 'gartuitous depositary' as meant by Civil Code section 1844. As such, you have a duty to use at least 'slight care' for the tools (CC section 1846(a)) and your duties terminate upon 'reasonable notice' to the owner, CC 1847(b).
If you wanted to be extra-cautious, you might want to wait one year, which is the time a depositary for hire (e.g. a warehouseman) must hold goods before lien sale. However, unless the tools have exceptional value, several months and several well-documented (e.g. return-receipt requested certified mail) notices should protect you adequately as a gratuitous depositary.
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