Helped a friend move, stuff still not gone

[nacass42]

Jurisdiction

Tennessee

I helped a friend move all their belongings to my house and let them crash on the couch for a few days. I told them they only had a few days to rent a moving truck and go back to Ohio with their family with their stuff. They assured me they would be gone as soon as they sold their car. They sold their car over two weeks ago and their stuff is still in my house, on my lawn, and on my carport. Today, I came home to find them passed out on my carport due to inhalant use. I called the police and they issued a no trespass onto the property. They basically told the guy that I was being nice by saying his son could come and get his stuff. We allowed him to take his motorcycle and anything he could carry. Then he had to go immediately. I have been contacting his son in Ohio for over a week and texting him that his deadline to pick up his dad's stuff was this Wednesday. Given the circumstances, I feel I am giving ample time. I never agreed to store his stuff for longer than the three days. They are asking for more time, but his stuff is a safety issue for my kids. It is also unsightly. I told him when he dropped his stuff on my carport that I would not be responsible for it. He agreed and agreed to have it moved in three days. If he does not come and get his belongings, what recourse do I legally have?

 

[mightymoose]

I would put it in storage and not release it until reimbursed for the cost of storage. Perhaps with a heads up that it will cost them they will make an effort to come get it sooner.
That said, if it's just a bunch of junk they may never come for it, so dont go to too much expense.
Do not sell or destroy it.

 

[nacass42]

I would put it in storage and not release it until reimbursed for the cost of storage. Perhaps with a heads up that it will cost them they will make an effort to come get it sooner.
That said, if it's just a bunch of junk they may never come for it, so dont go to too much expense.
Do not sell or destroy it.

I am not able to move most of it. It is heavy equipment, machines and such. Plus two four wheelers I don't have keys to. I gave no promises to keep or store his belongings. My carport that he dumped the stuff on is not protected or secure. I informed him of this before he dumped it there. Actually about half of the stuff is of value. How do I get him to come get it or at what point can I get rid of it?

 

[mightymoose]

How do I get him to come get it or at what point can I get rid of it?

Sadly, the answer to this is that the property will probably leave the same way it came... with your help.

As for how to get rid of it, your state will have some specific guidelines for how to handle abandoned property.

Hopefully you won't have to go through that hassle. If the owner knows you want it gone and that you are prepared to store it at his expense or report it as abandoned (and possibly be claimed by the state) he may be motivated to come get it. The more willing you are to help move it away from your property the sooner it will happen.

You don't necessarily need to have any intention of storing it or reporting it as abandoned... just put the thought in his head that his stuff may disappear if he doesn't get things in order.

 

[army judge]

I seriously doubt that dope fiends, flat broke dope fiend deadbeats will ever return from Ohio to TN to collect their junk.

If it gets stolen, it'll take time for local thieves to clear out about half of his junk, then maybe they'll start stealing yours.

It might be easier to rent a truck and haul his junk up to Ohio.

Frankly, getting the junk moved LEGALLY is going to cost YOU money.

I don't see how locking the barn door after the critters have all escaped or been rustled is going to end up not costing you more money.

The next time someone asks you to do this or similar things you might want to say, NO CAN DO, NO CAN DO.

 

[adjusterjack]

How do I get him to come get it or at what point can I get rid of it?

The best way to handle this (in the CYA department) is treat him as a tenant who abandoned his property and follow the provisions (to the letter) of 66-28-405:

2016 Tennessee Code :: Title 66 - Property :: Chapter 28 - Uniform Residential Landlord and Tenant Act :: Part 4 - Tenant Obligations :: § 66-28-405. Abandonment.

Yes, this will cost you money up front but the last paragraph gives you the remedy of eventually selling the items to recover your costs.