Legal Question in Civil Litigation in Pennsylvania
Former housemate's possessions
I live in Roxborough (Philadelphia County). A person recently moved out of an apartment that I share with someone else. The person paid no rent, and when he left, left behind many of his possessions. He has no way to return for the items, and is aware they are here. What are our options for disposing of these possessions (cluttering up the home) legally? Must we keep them and/or ship them to him, or do we have the option of disposing of them as we see fit?
2 Answers from Attorneys
Re: Former housemate's possessions
I agree with the above but I think the other attorney meant to say that you should send the notice by certified mail and first class mail. This way even if the old roommate does not sign for the cert. mail you can argue he at least got the first class mail.
Re: Former housemate's possessions
You asked about disposing of possessions that are abandoned.
You need to offer the person an opportunity to reclaim his/her possessions. Send the person a letter via first class mail (get a mailing receipt) along with a copy sent return receipt requested. Tell that person they have X days (no less than 13) from the date of the letter to reclaim his goods or they will be disposed of.
You can then dispose of the goods. You do have a burden to dispose of them in a manner that will obtain the greatest value or least at the lowest cost.
A good suggestion is to use a tag sale or auction for any salable items. Anything that you wish to keep from those items should be at the fair market value for that item. Including the value of the items you keep, you should send the person either a check for the excess or a bill for the deficiency in disposing of the goods.
You do not need to ship or store the items unless there is some particular reason for doing so.
Hope this helps.
Regards,
Roger