Visitor, Guest Friend storing property at my house

B

BTH3

Guest
Jurisdiction
California
Hello, my old neighbor had to move out of his house because it was being sold and he was a renter there. He moved into a very small place where he rented a room. The room was so small, I agreed to let him keep some things at my house for a couple of weeks until he built shelves and bought storage units. That was over a year ago. Then, about 4 months ago, he got kicked out of the place he was renting because he got fired from his job and couldn't pay rent. I picked all of his things up for him and said he could keep everything at my house for a week or 2 (but no more than 2). He started receiving unemployment, so he was supposed to go rent a place, but he is just content being homeless and living off unemployment for the time being. I told him about a week ago that he needed to have his things out of my house within a week and I finally heard back from him (after 5 days), yesterday. I told him that he needed his things out of my house by the end of this weekend (it is Sunday today). Now he is just ignoring my calls and texts. I can't send a certified letter because he is homeless. He has had the opportunity to move into a couple places but was too lazy to go pay the person he was going to rent from. I've done enough for him and if he isn't going to help himself, I'm done helping him. What are my rights concerning his property? Can I throw everything away? Thanks for your response..

Brian
 
BTH3 said:
What are my rights concerning his property? Can I throw everything away? Thanks for your response..
Click to expand...


The law in your state requires you (the good Samaritan) to do this:
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There are other ways to go, I'd use this, because you can NO longer locate the owner.
Turn everything over to yoru city police, or county sheriff (the one that protects our community).
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2080.1. (a) If the owner is unknown or has not claimed the
property, the person saving or finding the property shall, if the
property is of the value of one hundred dollars ($100) or more,
within a reasonable time turn the property over to the police
department of the city or city and county, if found therein, or to
the sheriff's department of the county if found outside of city
limits, and shall make an affidavit, stating when and where he or she
found or saved the property, particularly describing it. If the
property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of
any part of the property.
(b) The police department or the sheriff's department shall notify
the owner, if his or her identity is reasonably ascertainable, that
it possesses the property and where it may be claimed. The police
department or sheriff's department may require payment by the owner
of a reasonable charge to defray costs of storage and care of the
property.
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The link to the law in Cali:
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CA Codes (civ:2080-2080.10)
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Good luck, citizen.
 
Thank you very much for your response. I'm just a little unsure how to go about this since he has an entire room in my house filled with stuff. It took 4 trips in my SUV to to get it all. I was just going to take it to the dump. I guess I should just contact my local police and ask what the procedure is. I did tell him 5 days ago that he had until Monday to get everything out. He finally responded to me two days ago and it sounded like he was going to get his things. But, all calls and texts are unanswered now that the deadline is here. Also, He has things on the side of my house what includes clothes and other items he needs from day to day. I just don't know when he is coming by to get that stuff but I would think it is almost every day (probably in the middle of the night). I'm going to put that stuff in my house and see if he contacts me to see what happened to it. If he does contact me, is there any legal way to give him notice to where I could legally throw it away. This has been such a hassle already for me and think contacting the police would just be another hassle. Throwing it away would be my easiest route, but I do want to follow the law, so if you have any other thoughts on this, I would greatly appreciate it. Thank you!!
Brian
 
If you throw his junk away, he might get smart and sue you.
He would have a very good case.
Why not incentivize him to move his junk by offering him a $100 AFTER he has removed all of his junk.
To get the $100, ALL of his junk must be gone within 48 hours.
Be positive, don't try sanctions, use the velvet glove before throwing down the gauntlet.
Make him think the $100 is hard to part with, but you'll give it to him to "help".

Try it, use whatever number you think works.

In the future, just say NO to anyone who asks you to do things that impose upon your privacy and life, unless you don't mind.
 
Thank you for the advice, but there is no way I would give him $100. The reason he has become so unresponsive and content being homeless is because he is spending his unemployment money on drugs, instead of trying to get his life back together. So, $100 would be an incentive, but for the wrong reasons. Doesn't the law state that I only have to give him 10 days notice to get his things. And, if he doesn't get them, I have the right to throw them away? I read that online, but it wasn't specifically for the city I live in. It seems reasonable enough that I thought it might be a common law in most cities/states. I don't even know if I would throw his stuff away, but I just want to have a legit course of action I can inform him of, so he hopefully gets the motivation to get his things. Anyway, is there no other course of action for someone in my city to do anything except turn the stuff over to the police?? If that is the case, then, that is what I will do, but since I have notified him that he needed to have it removed and specified the date, I would think there is other courses of action I could take besides giving it to the police (or offering him money to get it).. Are you saying in my city, that is the only legal option? I appreciate the info you have provided me and the advice. Thank you...

Brian
 
Mate, why drag it out?
Dude isn't going to do right.
But, the day you throw his junk away, he'll sue you.
Yes, there's a more complicated process.
You can search for it, or call the cops and ask them.
You must follow it to the letter.
If you don't he can sue you.
Frankly, it's your mess, mate.
I always say NO to whatever anyone proposes or asks.
Best word in any language, mate, NO.
Keeps me out of trouble of all kinds, just saying NO.
It works.
 
I know that for the future, but I'm trying to figure out my legal options in this situation, since I am already in it. I was hoping someone on this forum would be able to tell me what my legal options were. I couldn't find anything online that discussed the same situation I am in. I will try to look through the law library. It sounds like this is a city law and not a state law, is that correct? Again, thank you for your response.
 
Actually, I am guessing it is a county law. Do you happen to know the area of the law that this is covered under? The closest thing I could find earlier was "landlord / tenant", but he never lived here so I was never his landlord. Thank you..
 
This is a phrase you search: California law abandoned personal property

Your problem is that the law addresses tenants.
Your moocher wasn't FORMALLY a tenant, hence my PREVIOUS suggestion to contact your local law enforcement agency.
Most of the answers you'll see address FORMER tenants.

Yours is very complicated because of the way you ended up where you are.

Anyway, here is what you couldn't find, mate.

As I said, give the bum a lousy hundred bucks, that'll light a fire under his lazy ass to get his junk off of your property.

Otherwise, enjoy dealing with a complex, don't give a shit court.

Here are SOME of the answers you'll see:

http://www.charliedunn.com/_Forms/Abandoned_Personal_Property_After_Termination_of_a_Tenancy.pdf

Handling a Tenant's Abandoned Property in California | Nolo.com

Abandonment of Personal Property in the Rental in CA

CA DCA - When a tenant leaves property behind
 

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