What are the steps we need to take to get rid of an old roommates stuff?

Question

My mom lived with me and my husband for 6 months. I have tried asking lawyers but of course they are only after the money. So I am wondering if someone can help me. My mom moved out a month ago with no notice. We gave her 2 weeks to get ALL of her stuff out our house. I gave her an additional week due to her being sick. Here we are now over a month later and her crap is still at my house. What do we need to do to legally be able to put her stuff out at the curb?

She has had 30 days to get her stuff out...Its now going on the second month.

Why would I take her stuff to her when she left with no notice and has made it perfectly clear that this new "man" of her that she has known maybe a month and a half is more important than her 26 year old daughter that gave her a place when she had to no other place to live with a sick and dying husband that just passed away in April.

Answer 1

Keep documented proof you contacted her about what u intend to do with her stuff.
You have already given her 30 days, she has legally abandoned her property.
Take it to the dump!!

Answer 2

Well, she's had the legal 30 days notice... Call her, and tell her she has 7 days to come get her stuff, or you're giving it ALL away to Goodwill. When 7 days go by and mom's a no-show, call Goodwill. Make up an inventory of everything you are giving away, and give it a monetary value, like "lamp with stained shade -- $5.00" -- NOT the value it cost her years n years ago, the amount it is worth NOW. Once Goodwill has come n gone, use your list for tax purposes under the category "charity donations".

Do NOT just put her stuff at the curb, though, because that could create numerous problems, sanitary and otherwise.

Answer 3

To the best of my knowledge, if you and your old roommate signed individual leases with the apartment complex it is the apartment manager/management's responsibility to secure the old roommates personal belongings and/or dispose of them using the proper legal steps. I don't think voice messages qualify as "proper legal steps". In most cases personal belongings must be secured for a minimum of 30 days after lease termination but the laws do vary by state. As far as you're concerned, you have no right(s) whatsoever in regard to the personal items unless you have something in writing showing that the items were either given to you or you purchased them from the rightful owner. However, if the manager continues to neglect the fact that the items are a nuisance to you then you do have a right to take the apartment complex to court. The local apartment association can probably answer any questions you have and the advice is free.

Answer 4

Apparently something went wrong with your relationship when you are referring to your mother as an "old roommate." I understand you might have had problems, but turning this into a legal issue is probably not best for either one of you. You only have one mother.

EDIT: I just read your additional detail and I want to say that I know this must be a very difficult time for both of you. I also understand the tendency to feel angry after you've lost someone close to you. I'm sorry that you feel like your mother has put this new man ahead of you, but I promise that turning this into legal proceedings won't help. Deep down, I think you're feeling very hurt and alone and it would probably make you feel best to make up with your mother. I wish you the best.

Answer 5

You are going to trust us instead of paying a lawyer 65 dollars to look after your interests?

If you are cold enough to throw your mom's stuff on the street when she is sick because you are too cheap to keep it or put it in storage or get a lawyer to advise you, then I see legal trouble heading your way anyway if you rely on what anyone here says :(

That being said, get some friends with pickups or rent a truck at uhaul, and take the stuff to your mom's new place. At least give her the courtesy of letting her know when it will be arriving a few days in advance.

Answer 6

The laws depend on what state you live in. You should search for landlord tenant laws for your state. The situation like yours is normally handled like a rental situation. There are specific notification and disposal rules for abandoned property.

In most states she would be considered a tenant not a guest as she has established your house as her residence. Since she has left you need to handle the situation as such. It is not necessary for rent money to be paid to establish residency.

The fact that you think your mother is an awful human being does not change your legal position. The fact that she failed to give notice does not change your duties under the law. If you were charging rent and she failed to give notice you could sue her for the rent she missed.

Answer 7

File the proper paperwork according to your State, and serve her. If you know her whereabouts and you've tried telling her for the last time, type something up giving her a certain length of time (24-48-or 72 hours) to remove her things, or you'll place them at a storage facility in her name, and make sure to give her the key to it and the information.

Make sure you make copies of all paperwork you do. If you must, Notarized it. If you can, take pictures of her things in your house, and after you put them in storage to Prove incase she ever claims something is missing. Make a list of all she has. Keep records.

Answer 8

This is your mom. Anything you do is going to cause problems for you in the future.

After a while her stuff becomes abandoned.......if she has no contact with you for a few days.....it might be 30 days. Or if she has no contract with you to store it for her.
I would just tell her that you need the room yourself and she has 7 days to come and get it. To be safe you can send a certified letter. After that just take it to Goodwill. If she sues you than at least you have proof that you did notify her. Her things are not your responsibility unless she is paying you to store them.

Answer 9

It depends on your state's laws but here is something that you can do. Send her a certified registered return letter advising her that she has a certain time frame usually 30 days in which to remove her things or else they will be gotten rid of as you see fit... After 15 days, if she still have not responded, send a another CRR letter stating she has 15 days to retrieve her items, and cite the first letter you sent them...

After 30 days have gone by, dispose of the items as you see fit: fire, ebay, trash.

NOTE: Keep a copy of ALL the letters you sent them in a safe place...

If you get a CRR letter back un-opened, DO NOT OPEN IT as you will need to give it to the judge, if she press charges, to prove that you did notify her of possible disposition of her belongings if she did not take possession of them

Answer 10

most states require that you give a person "sufficient" time to remove their things from a property. That is usually 30 days. Tell her she has 30 days to come get her stuff or it is going to be tossed.