Legal Question in Real Estate Law in California

I own my home and let my boyfriend move in about a year ago. He brought alot of his non running trucks to park in the side yard and a forklift in the garage along with a motor ,and a big box truck "only the back half. After having several disareements about his stuff and the amount he was storing , i had to ask him to leave, and take his stuff with him. he left about a month ago and he left all this stuff that i can't move. All of this was verbal without a written contract.

What are my rights and how long do i have to store it. I am having finacal problems and might have to move myself.

Please advise, need answers in California


Asked on 5/30/10, 4:50 pm

1 Answer from Attorneys

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

Legally, this is a "bailment" or to use the modern California term, a "deposit." Deposits are divided into voluntary and involuntary, and into gratuitous and for hire. This one is voluntary and gratuitous, the first because you agreed to possess the stuff in the first place, and gratuitous because you did it for free, without a profit motive (such as earning storage fees).

While the stuff is in your custody, you must use "ordinary care" to protect it, and must return it to the owner on demand. You can terminate your duty to care for it, and trigger your right to get rid of it, by giving the owner "reasonable notice" that the agreement for the deposit is terminated and that he must come and get it. The notice must give him reasonable time and a fair chance to obtain access. I would send it by certified mail, return receipt requested, so you have proof of delivery.

If he then fails to retrieve his stuff within the allotted time, you may dispose of it in any commercially-reasonable manner, which could include advertising it on CraigsList, eBay, taking it to a pawn shop, having a yard sale, or in this case, contacting several used car or junk dealers to get bids.

After it is sold off, you can deduct your costs of advertising and selling, but the left-over net proceeds belong to the ex-boyfriend, and you must remit them to him upon request.

Be sure to document that the method of selling you chose was reasonable, and that you got, or tried to get, competitive bids from several junkies. Charge something realistic for your time. Be careful that you don't inadvertently sell a 1955 T-bird as scrap just because it's rusty and dirty - and so forth. Use common sense and keep records, and you should come out fine.

Read more
Answered on 5/31/10, 6:03 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California