Moving question i need this answered immediately plz???

Question

I am moving in approx 2 months when my lease expires to a better apartment and an ex gf of mine has stuff here in storage and i have repeatedly contacted her by phone and e-mail asking her to come get it so i don't have to take it with me to my next place as i do not need the stuff or want it with me
Is it legal to say "if you don't come get it by the time i move i'm leaving it behind?" we have no care or storage agreement for her things and she now lives in another city maybe another state i don't know as it has been over a year since i was with her
she claims if i do i will be sued but my moving space is VERY LIMITED due to several friends with pickup trucks who are moving me to my new place and when she returns my calls her caller id is blocked and i don't know where she is anymore

sorry i was unclear the stuff of my ex's is in storage in my home now when she moved out her moving space in people's vehicles was limited as well and due to a restraining order i have against her the police want minimal contact with them on this 1 (also part of the reason I'm moving besides this place is in a better location closer to my work fyi)

Answer 1

No she can not sue you because she does not legally live there and you advised her that you were moving and needed her to pick up her stuff. Ask her if you can ship it to her cod. So the cost is not on you. If she does not want to leave it behind. You gave her notice. If you can get one to her in writing in any form do so, it will cover yourself. As far as I know if you give notice and ask to get the stuff picked up that is all you need. Good Luck

Answer 2

If you want a legal answer - you will need to consult an attorney.

If it were me, I would send her a certified letter, return receipt requested telling her that she needs to make arrangements to have her stuff picked up or send you money to ship it to her address or that after some time period (three months in my mind) you will dispose of it. If she does not respond, at least you have the proof that you sent a letter to her.

Good luck with that.

PS - Document everything in a notebook in case she sues you. Take pictures of the stuff - if you throw it out to establish its value if she sues you. Most likely she can only sue you in small claims court and if you have the letters and give her a reasonable period of time (unless she is deplyed somewhere like IRAQ ot something like that) you will be good to go. Unless of course you are preventing her from getting it and then she will win.

Answer 3

If you leave it behind, it is up to the landlord to take care of it.

In my state, and it could vary by state, the landlord has to retain the property for a minimum amount of time, and make reasonable efforts to contact the owners. I believe it's 60 days. If the owner picks it up, the landlord has the right to charge for any storage costs they actually incurred. Beyond that, they can generally sell or otherwise dispose of the items.

Talk to your landlord and see what they tell you. You could do a quick search for landlord tenant rights in your state, see if you can find something about abandoned property. There's some good sites out there.

Answer 4

If she doesn't come and collect her stuff from the storage facility and also doesn't pay the storage fees, the property is considered abandoned after some time. This happens all the time with storage units. Usually, after a while, the property is considered abandoned and the contents are sold at auction.

You should send her a written letter stating that you must vacate by ____ (date) because the term of your lease expires on that date.

Answer 5

Personally, I would sell it all off for what it is worth. Throw the money in the bank. If she decides to sue later on you have fair market value in cash in an account for her and the interest is yours. If she doesn;t sue, keep it in there for emergencies, rainy days or retirement. I am certain that the local authorities could locate and notify her to retrieve her belongings regardless where she is. At least they will be on your side if it does end up in court. Good luck.

Answer 6

you should speak with a lawyer to make sure but i believe that most likely she has "abandoned" her property since you have made numerous requests with no response or intent on her part.

what you should do to be safe is send her a certified letter return receipt requested telling her that she has 30 days to come pick up the stuff or that you will consider it to be abandoned and you will dispose of it accordingly.

good luck