Legal Question in Real Estate Law in California

Verbal agreement / approval, between neighbors to store personal items in garage temporarily, (until able to transport to storage center).

Neighbor asked her in August (9 months later) for her to remove the items. She stated she would in two weeks. We gave her a date of 9/15/09 for her items to be removed. There has been no contact and oviously items not removed. What is my legal rights and obligations to storing this stuff any further. Does she forfiet her belongings?


Asked on 10/05/09, 1:52 pm

1 Answer from Attorneys

Interesting. I haven't seen a bailment case since law school and now two in two weeks.

You have what is called a gratuitious bailment (asuming no compensation to you). A gratuitous bailee (you) has the right to terminate a bailment by giving reasonable notice to the bailor (her). To make sure you cover your back side, I recommend you give her written notice that you want her things out of your garage or you will dispose of them. Give her 30-days if possible, and have someone impartial deliver it to her or at least witness you giving it to her. If she still doesn't pick up the stuff, you will be on as good legal ground as possible when you get rid of it. Please note, however, that if it is valuable and you sell it, she will still have a case that the money is hers, unlike a bailment for hire where the bailee has a contractual right to sell the goods to pay for unpaid storage and expenses.

Read more
Answered on 10/05/09, 2:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California