Legal Question in Landlord & Tenant Law in Virginia
This scenario may contain some extraneous details, but I wanted to give you the whole picture:
A friend and I were starting a band together. We usually met to practice in a small recording studio that I was renting downtown. I had always paid all of the rent for the studio (even prior to meeting him), and it just worked out that it was the most convenient place for us to practice.
Most of the equipment inside (instruments, recording gear, etc.) was mine. However, since we'd been meeting to practice there on a weekly basis, I told him he could leave some stuff there between sessions if it was more convenient. So he did keep a few odds and ends there (cables, effects units, surge protectors - probably less than $200 worth of stuff) so he didn't always have to transport them home and back.
At some point, I must have done or said something that seriously bruised his ego or at least rubbed him the wrong way, because he sent me an e-mail about 3 weeks ago saying he's quitting the "group" (he and I were the only members at that time). I responded back asking what caused this sudden change of heart. He claimed to have observed "signals" from me which he felt indicated MY overall dissatisfaction with the improvisational nature of the project. Then, in the same breath, he said that he's quitting because of these "signals" he percieved -- none of which he'd ever asked me about or mentioned before. It was a lot of false assumption on his part and I found it very odd that he reacted so strongly; terminating his involvement in the band without first attempting to address his concerns with me as his partner.
Naturally, I was frustrated and expressed that to him, but I still liked the guy and thought we had parted on positive terms. However, over the course of the three weeks following his departure, I realized he'd not returned a couple of phone calls. Then, I discovered he had also went out of his way to "un-friend" me on facebook.com. So it's now become fairly obvious that he's upset with me. Furthermore, his lack of response indicates that he's not interested in communicating or hearing what I have to say about anything -- which doesn't surprise me given the fact that his communication skills had already proven to be severely lacking even while we were on good terms. Although I didn't say this in the message, what I was calling to ask him was "When would you like to stop by my studio to pick up your gear?"
So my first question is: Do I have any legal obligation to make additional efforts to return his property to him? Personally, I feel it's his stuff and if he wants it back, he ought to take the initiative to call me up and ask when he can come get it. However, I realize the law may not support my opinion on this.
My second question is: If I move out of my studio (which I very well may be doing in the coming months), what should I do with his property if he still has not claimed it? If I take it with me and continue to hold it for him indefinitely after I've moved out, would he relinquish legal ownership to me or to my landlord after a certain period of time if he doesn't contact me to claim it?
Lastly, if I move out of my studio and do not wish to continue looking after his unclaimed gear, is it within my jurisdiction to toss it in the trash on my way out since I'm responsible for emptying the studio upon termination of my lease?
1 Answer from Attorneys
30 to 60 days prior to the termination of your studio lease, send the apparently disgruntled one notice that he must come to the studio to claim his items of personal property, and that if he fails to do so by the date of the lease termination, then you will have to dispose of them as you see fit.
Make sure that you retain a copy of the notice for your records.
Related Questions & Answers
-
My landlord has a pretty strict lease policy, but there is NOTHING about an... Asked 8/21/09, 11:03 pm in United States Virginia Landlord & Tenants