Owner rights of abandoned property

[JoeB]

Jurisdiction

Georgia

What are my rights as a property owner to remove items left on my property?

I own a condo with a detached storage unit and a friend who lived with me for a few months moved out of state. She never had any lease or storage agreement with me. A large item of momentary and sentimental value (to her) was left in my storage unit. I have made multiple contacts via email for her to collect her things but there are always excuses to remove this final item. I've given a final date for it to be gone, but the item isn't something I can just toss in the trash! how should I legally remove the items if she doesn't comply with the final date?

 

[adjusterjack]

What's the item?

 

[army judge]

What are my rights as a property owner to remove items left on my property?

I own a condo with a detached storage unit and a friend who lived with me for a few months moved out of state. She never had any lease or storage agreement with me. A large item of momentary and sentimental value (to her) was left in my storage unit. I have made multiple contacts via email for her to collect her things but there are always excuses to remove this final item. I've given a final date for it to be gone, but the item isn't something I can just toss in the trash! how should I legally remove the items if she doesn't comply with the final date?

GA law on abandoned property, read it and proceed cautiously:
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Handling a Tenant's Abandoned Property in Georgia | Nolo.com
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Another view:
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When would personal property be considered aban - Q&A - Avvo
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My take on the law, after reading the statue:
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Georgia code (OCGA § 51-10-1) provides that "[t]he owner of personalty is entitled to its possession. Any deprivation of such possession is a tort for which an action lies." This basically means that if you are in possession of someone's property, you can't get rid of it or sell it or you are liable to be sued for conversion. To establish a claim for conversion, the property owner must show (1) title to the property or the right of possession, (2) actual possession in the other party (meaning you are in possession of his property), (3) demand for return of the property, and (4) refusal by the other party to return the property."
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Nowhere in these elements, however, is a specific time frame imposed under GA law.

I understand that it can be anywhere from 30 to 90 days (often 180 days) being a sufficient amount of time to pass before the property could be called abandoned.

If I practiced law in GA (which I don't), I'd advise my client to make every effort to contact the other person in good faith, being sure to document the attempts used to contact the missing person. If within 90 days, the property owner failed to respond to your efforts to contact him/her, my client could consider the property legally abandoned. The client could then dispose of the items in a manner he/she would deem appropriate.

That might mean giving the items to charity, turning them over to law enforcement as "found property", or selling the items (safekeeping the funds for the person MIA), or using the funds as my client saw fit.

The key takeaway here is that GA is vague, but 90 days seems sufficient time to allow numerous attempts to contact the person.

In the future, use this as a lesson to say NO, the next time someone asks you to temporarily store their property.

I would then refer the party to the numerous storage for profit businesses all over this country.

Final note & disclaimer: Anything I have said isn't to be construed as LEGAL advice.

I am not your lawyer, neither do we have an attorney-client relationship.

I am licensed to practice law ins several states, and have been so licensed for years.

I am NOT, however, licensed to practice law in Georgia.
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[JoeB]

What's the item?

It's a musical instrument.

 

[JoeB]

GA law on abandoned property, read it and proceed cautiously:
.
.
Handling a Tenant's Abandoned Property in Georgia | Nolo.com
.
.
Another view:
.
.
When would personal property be considered aban - Q&A - Avvo
.
.
My take on the law, after reading the statue:
..
..
Georgia code (OCGA § 51-10-1) provides that "[t]he owner of personalty is entitled to its possession. Any deprivation of such possession is a tort for which an action lies." This basically means that if you are in possession of someone's property, you can't get rid of it or sell it or you are liable to be sued for conversion. To establish a claim for conversion, the property owner must show (1) title to the property or the right of possession, (2) actual possession in the other party (meaning you are in possession of his property), (3) demand for return of the property, and (4) refusal by the other party to return the property."
...
...
Nowhere in these elements, however, is a specific time frame imposed under GA law.

I understand that it can be anywhere from 30 to 90 days (often 180 days) being a sufficient amount of time to pass before the property could be called abandoned.

If I practiced law in GA (which I don't), I'd advise my client to make every effort to contact the other person in good faith, being sure to document the attempts used to contact the missing person. If within 90 days, the property owner failed to respond to your efforts to contact him/her, my client could consider the property legally abandoned. The client could then dispose of the items in a manner he/she would deem appropriate.

That might mean giving the items to charity, turning them over to law enforcement as "found property", or selling the items (safekeeping the funds for the person MIA), or using the funds as my client saw fit.

The key takeaway here is that GA is vague, but 90 days seems sufficient time to allow numerous attempts to contact the person.

In the future, use this as a lesson to say NO, the next time someone asks you to temporarily store their property.

I would then refer the party to the numerous storage for profit businesses all over this country.

Final note & disclaimer: Anything I have said isn't to be construed as LEGAL advise.

I am not your lawyer, neither do we have an attorney-client relationship.

I am licensed to practice law ins several states, and have been so licensed for years.

I am NOT, however, to practice law in Georgia.
..

Thanks for the response and advice. I'm aware of the tenant laws but this person was never a rental tenant and never contributed any money to live at the property or storage items there. I have sent 60 day and 45 Day notices to remove the belongings, or they'll be thrown out, via email and I get responses like "ok" and "will do". I'm feeling like she is taking advantage and I won't follow through. I'm trying to avoid any conflict or legal trouble because the item has value. Plus, I'm not the only person who has access to the storage unit and don't want to be held responsible for anything that could happen.

 

[JoeB]

Thanks for the response and advice. I'm aware of the tenant laws but this person was never a rental tenant and never contributed any money to live at the property or storage items there. I have sent 60 day and 45 Day notices to remove the belongings, or they'll be thrown out, via email and I get responses like "ok" and "will do". I'm feeling like she is taking advantage and I won't follow through. I'm trying to avoid any conflict or legal trouble because the item has value. Plus, I'm not the only person who has access to the storage unit and don't want to be held responsible for anything that could happen.

Sorry army judge, I should have said non-advise (legally speaking). additionally, it has been almost 2 years total of trying to get her to clear all of her belongings from my property and this is the last item that has been left for about a year.

 

[adjusterjack]

It's a musical instrument.

Big help.

What kind of musical instrument?

A piano?

A flute?

Something in between?

Why don't you just deliver it to her and be done with it?

 

[JoeB]

Big help.

What kind of musical instrument?

A piano?

A flute?

Something in between?

Why don't you just deliver it to her and be done with it?

Sorry for the "helpful" answer but I'd prefer not to specifically identify the item in this public forum. It's a pretty unique item and not of a size that I could just toss in the dumpster. She lives out of state and I have no interest in incurring the responsibility or cost to ship anything of such value. I just don't want to keep chasing her down nor keep in contact past the final date.

 

[adjusterjack]

You've been given a lot of advice. A sure bet that covers your butt is treat it as tenant's abandoned property under GA statute 44-7-55:

"A writ of possession authorizes the executing officer to remove a tenant's personal property and place it on some portion of the landlord's property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned."

Unfortunately, to get it right, you have to go to court and get a writ of possession just as if you were evicting a tenant.

I can understand where that process doesn't really fit your situation and is rather inconvenient so you basically have to read the advice that Army Judge provided, decide what you want to do, do it, and take your chances.

 

[JoeB]

Thanks! Hopefully, she will comply with the final date and it won't come to writs and courts, but I'm trying to take every measure to cover myself legally.

 

[army judge]

Thanks for the response and advice. I'm aware of the tenant laws but this person was never a rental tenant and never contributed any money to live at the property or storage items there. I have sent 60 day and 45 Day notices to remove the belongings, or they'll be thrown out, via email and I get responses like "ok" and "will do". I'm feeling like she is taking advantage and I won't follow through. I'm trying to avoid any conflict or legal trouble because the item has value. Plus, I'm not the only person who has access to the storage unit and don't want to be held responsible for anything that could happen.

Yes, I read your top post.
Read my response and the links.
GA treats her junk like it would the junk of a tenant/boarder.
You created a gratuitous bailment.
Either way, you've probably met the state minimum requirements such that you are free to dispose of her stuff.

 

[JoeB]

Thanks! I'll still proceeded cautiously and continue to send notices until the final date. Hopefully, she will comply so there won't be a need to deal with anything litigious.

 

[Gail_in_Georgia]

Just as an aside...
In my county (Richmond) in Georgia it's fairly inexpensive to file for a dispossessory affidavit (our version of an eviction) if you wish to go this route. It's under $100 for one person for the initial filing, another $25 to the Marshals service who oversees the actual removal.

In Georgia a landlord is not under any legal obligation to store property as some other states require. During an eviction once the property "hits the curb" the eviction is completed.

In some of our neighborhoods we simply lay bets on how long the property remains at the curbside before the neighborhood "vultures" fly down. Shortest time so far has been 30 seconds for a nice couch left behind; folks then asked to help clean out the no name food in the refrigerator. Recycling at its most basic level.

Gail