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how long do I have? does eviction mortorium apply?

Discussion in 'Living in, Use of the Premises' started by Laryy, Sep 2, 2021.

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  1. Laryy

    Laryy Law Topic Starter New Member

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    Jurisdiction:
    California
    I've had some stuff in a relative's garage for years. She put her house up for sale (and didn't tell me) and is now in contract due to close escrow around mid-septmeber 2021. How long do I have to get my stuff out? What about the eviction moratorium? Does it apply? What procedures must be followed on her part and mine? We're not really speaking at the moment because of previous issues. The property is located in brentwood, ca. 94513. Thank you

    ps - not sure what area of law this falls under from the list?

     
  2. Red Kayak

    Red Kayak Well-Known Member

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    Depending on the initial agreement (or lack of formalization thereof), the property might be considered abandoned. She can mail you a notice giving you 18 days to remove it. She can request storage fees be paid.

    How about you just arrange to clear out your junk?

    NO: this does not fall under the eviction moratorium. The eviction moratorium is to keep people housed, so they don't crowd homeless shelters.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    You'd be a fool not to get it out before escrow closes.

    Of course not.

    Who cares? Go get your stuff -- unless you don't care about it. I'm not being flippant here. Even if your relative didn't give you proper notice (and your post doesn't allow for a conclusion either way), once escrow closes, possession of the property will pass to the buyer and you won't have any right of access unless the buyer grants you such right.
     
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  4. Laryy

    Laryy Law Topic Starter New Member

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    Thanks for the quick reply.
    I have every intention of moving my stuff out (and have been doing so little by little) . I just need more time. (And I'm not the only one who has stuff there)
    I think 18 more days would be enough time but I have not received any notice.
    How can she request storage fees if we never agreed to that? You mean after the 18 days notice?
     
  5. Zigner

    Zigner Well-Known Member

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    I wonder if the stuff is even still there. I would think that the buyer expects the house to be empty when they take possession...
     
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  6. Zigner

    Zigner Well-Known Member

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    I recently helped a relative move from their large 2 BR apartment and it took less than a day. You have "some stuff" in a garage. Quit making excuses and get it done.
     
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  7. Laryy

    Laryy Law Topic Starter New Member

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    Y
    Maybe your relative had some place to take the stuff. Storage costs lots of money which I don't currently have.
    I'm looking for Legal answers/solutions/guidance.
    Your compassion and helpfulness is overwhelming. May it be returned to you in spades.
     
  8. Zigner

    Zigner Well-Known Member

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    Sounds like a "you" problem, quite frankly. If you want your stuff, then you need to find a way to make it happen posthaste.
    Thank you, I appreciate your kind thoughts and words.
     
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  9. Laryy

    Laryy Law Topic Starter New Member

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    Since you may not recognize it, it's called "Sarcasim".
     
  10. Zigner

    Zigner Well-Known Member

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    I don't recognize that term. I wish you the best of luck in retrieving your stuff in the time allotted.
     
  11. Laryy

    Laryy Law Topic Starter New Member

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    Sorry, I mispelled it. It's spelled "Sarcasm" -
    • n.
      A cutting, often ironic remark intended to express contempt or ridicule.
    • n.
      A form of wit characterized by the use of such remarks.
    • n.
      A biting taunt or gibe, or the use of such a taunt; a bitter, cutting expression; a satirical remark or expression, uttered with scorn or contempt; in rhetoric, a form of irony; bitter irony.
     
  12. Zigner

    Zigner Well-Known Member

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    Sucks when that happens...huh?

    EDIT: Ironic that you misspelled misspelled.
     
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  13. army judge

    army judge Super Moderator

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    The simplest answer is usually the most brilliant answer, too!
     
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  14. zddoodah

    zddoodah Well-Known Member

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    Not sure what this question means. She can call you say, "I want storage fees." That's how.

    From a legal standpoint, once notice of a certain number of days is given, she can start imposing charges unless you've removed your stuff.

    But this is far more a practical matter than it is a legal matter. You wrote that you've been storing the stuff there "for years." Is it really important stuff? If it is, then you rent a storage unit -- even if it's just for a month to give you some breathing room. But you can be sure that, when escrow closes, your stuff will likely be gone. Are you going to sue your relative for the value of this "years" old stuff? How much is it worth? Again, be practical.
     
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  15. Red Kayak

    Red Kayak Well-Known Member

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    Note: I wrote "depending on the initial agreement". We have no idea what your agreement was; such notice might not be required.

    Let's suppose she doesn't give you notice.
    1) You know she's sold the place. So you know what your deadline is (roughly) to get stuff out.
    2) Even if you had established tenancy, and this is property you left behind, have you itemized it? What proof do you have that it's yours? What proof do you have of the value of your property? Because if you don't get the stuff out, and want to sue her for the loss, you're going to have to have proof of its value.

    Why do you think she owes you free storage indefinitely?
     
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  16. army judge

    army judge Super Moderator

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    Excellent questions that cut right to the heart of the matter.

    If A decides to sue B, as you intimate, A would be required to prove up his damages.

    If the "stache of stuff" had been junked, the above requirement is impossible to prove.
     
  17. Laryy

    Laryy Law Topic Starter New Member

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    I want to thank all those who have provided helpful, constructive responses (in particular red kayak and army judge).

    And perhaps I need to clarify. It is not all "junk".
    First and foremost, I have a 35 yr old classic Porsche in there. Very easy to prove it's value. Once I knew the place was up for sale, I've been trying to get a part to make it operable again which has been impossible with the parts supply shortage right now. (And just so you know, I've been restoring cars for over 40yrs so I know what I'm doing when it comes to cars. However, legal is not my forte. That's why I'm here). So yes, I can probably get a storage but I can't legally work on cars in storage units. That's why I'm scrambling trying to get this frickin part and get it running. I have already gotten a moving permit for it because it has not been registered in years so I need the special permit to transport it anywhere. And all kinds of other stuff (Thank you California).
    And I also have a fully built high performance engine for a different car in there as well. And some Mid century modern furniture. And yes, a few knick knacks. The relative sold her only remaining car years ago and I figured it would be a safe place to keep my car since she has/had a 2 car garage and other people have lots of their stuff in there as well. Other people have dining tables, punching bag, large workbench, boxes of clothes, boxes of tapes, etc.
    But when all this BS started, I anticipated some "problems" may arise so I photographed and documented all my belongings in that garage. And it's not like I never go and check on things (and my relative when she was there).
    And I also had some antique stuff inside her house that I told her she could enjoy and use as long as she wanted to. Some of that stuff (inside the house) disappeared over the years . But when I would ask her about it, she always said she didn't know what happened to it. I know there were always people going in and out and attribute it to that. So I unfortuneately chalked it up to the cost of keeping my stuff there.
    And just in case you think I'm some kind of a**h**, for many years I told her she could sell her place and come live with me if she wanted to in the extra bedroom. She always said she didn't want to live with anyone. And eventually, I came to accept that, since it was her wishes. I just thought she'd be better off with family. But, again, it was her choice.
    So... I just figured all this was too much info and would cloud up the issue. That's why I didn't intially write all these long boring details. And, I didn't think it would be relevant to the question at hand.
    Like I said, I have every intention of moving out. And I make 1 -3 trips a week and load up the back of my full size SUV with some of my stuff when I can.
    I was just looking for some legal advice. I didn't think it would be appropriate to clutter up the initial question with all these details. But maybe this gives everyone here a little more background and perspective.
    And again, I thank those who have responded with insightful "legalish" responses for sharing your time, knowledge and experience.

    p.s. - I don't think she owes me free storage indefinitely. But I think a little more "heads up"/ advance notice would have been much more appropriate. And greatly appreciated. It would have given me more time to make the proper arrangements. This is not the only thing I have to worry about. I have a lot going on. That's why I initially asked how much time/notice does she needs to give me.
     
    Last edited: Sep 3, 2021
  18. Zigner

    Zigner Well-Known Member

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    California allows you to move the vehicle by trailer anywhere in the state that you wish, even if it has no current registration or other operating permit.
     
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  19. justblue

    justblue Well-Known Member

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    To add to this, renting a U-Haul would afford you the ability to move all your stuff at once. Last time I rented one it was about $30.00.
     
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  20. Zigner

    Zigner Well-Known Member

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    The OP still has the problem of finding storage, which I do sympathize with. I've been trying to find somewhere reasonable to store my RV for quite some time now. Of course, that's a desire, not a need. If I *had* to find a place to put it, I could do so...but it does cost money.
     
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