2 years ago, I let a "friend" live with me temporarily. When he left, he had to take a bus out of the state, so he didn't have a way to take all of his stuff. (Several boxes of cothes, big pictures, mirrors, etc.) He hasn't ever offered to pay me to store all this stuff, but will occasionally call and say he intends on getting it back. However, when he came to visit a couple of months ago and I WANTED him to take his stuff, he didn't take anything. Can I toss all this stuff? My boyfriend and I will be getting a place together soon, and I don't think I should have to keep up with the other guys stuff whenever I move. Help?
2007-04-03 13:32:39 · 6 answers · asked by Pamela R 2 in Politics & Government ➔ Law & Ethics
What we have here is what is legally known as a "bailment" where you hold personal property of another. You possess the property, but you do not own it.
Legally, you have a duty to re-deliver the property to the owner. Because you are not being paid to hold the property, you are held to a lesser degree of care in holding the property than somebody is who is being paid to hold it.
Somebody who leaves property with another, who, when asked to take charge of that property and who refuses to take back the property may be deemed to have *abandoned* that property. However, for your protection, it is in your best interests to notify the owner IN WRITING, with proof that he received the writing, that you will discard or otherwise dispose of his property.
In Pennsylvania, a retail laundry is permitted to dispose of clothing left unclaimed 90 days after receipt where the owner has either neglected or refused to pick up his property. Written notice is not required. 6 Pa. Statutes §33.3 -- Thus, you are held under a lesser degree of care than a retail laundry.
Give the guy some notice, either written or in the presence of witnesses who sign a statement that you actually gave notice, and dispose of the property.
2007-04-03 14:29:59 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Give your friend notice. Tell him he has ten days to retrieve his things, or you will be donating them to charity in his name. If he doesn't react within that time frame, then he is inconisderate of you as a friend, and you need to leave his "friendship" and his things at the door of a local charity. Make sure to keep things like photos, and sentimental items that can be mailed...and mail them.
2007-04-03 20:38:33 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Legally speaking I believe you can toss it out after 30 days have expired....you've been more than nice and more than patient. If it meant anything to your friend he would have removed it by now. No longer your responsibility..throw it out.
2007-04-03 20:46:01 · answer #3 · answered by auntcookie84 6 · 0⤊ 0⤋
He hasn't made any attempt to get it. To me if you write him tell him he needs to make arrangements soon to get it of you will toss it thats all you need to do
2007-04-03 20:38:15 · answer #4 · answered by ALASPADA 6 · 1⤊ 0⤋
your boyfriend should step up to the plate and take care of the problem its time for your guy friend to find storage
2007-04-03 20:41:25 · answer #5 · answered by americaneagle224 1 · 0⤊ 0⤋
Make sure you get everything in writing. Please.
2007-04-03 20:40:14 · answer #6 · answered by ? 3 · 0⤊ 0⤋