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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116153
Experience:  Attorney with over 24 years experience.
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Tina, My landlord, who lives a couple hrs from me, ordered a

Customer Question

Hi Tina, My landlord, who lives a couple hrs from me, ordered a replacement stackable washer/dryer unit which was delivered March 11, in the wrong size. The following week the correct size was delivered but the delivery company didn't have instructions to remove the first one so they left it. The money for the first unit was refunded to the landlord, and he paid for the 2nd one. The first unit has now been in my dining area for 4 weeks. At first HD said the company they purchased from wouldn't take it back (so I should keep both??), then they said they needed more information and that took several days. On Apr. 7 the delivery company called saying they were on their way, did I have paperwork - no, I didn't. They needed a Bill of Lading. Now I have the Bill of Lading - I've spoken to the supervisor at HD, the Estes Express mgr, and 'Bill', the 'Residential manager' for Estes. Who informed me about 30 minutes ago that they can't remove it because it's not in 'original packing material'. I explained it didn't come packaged but that's their policy. How long do I have to keep this thing in my condo? It officially belongs to HD, but they don't want it. And my landlord has no need of it apparently. Can you offer any legal suggestions?? thank you, Vicki
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: The purchase was made in early March - it's brand new. It was literally used once during the week before they brought the smaller sized unit.
JA: Has anything been filed or reported?
Customer: With who?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only if there's missing information I should be providing. And please let me know the cost of this service. Thank you.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to inform your landlord in writing that these units are taking up space in your premises and interfering with your peaceable use and enjoyment of your premises and that is a breach of your lease. You need to inform him of what HD told you and tell your landlord that if HD does not want them back it is his liability to remove them from your premises or he is in breach and you will have no choice but to put them outside and no longer have any responsibility.
Also, you need to call HD again and speak to the supervisor (and send them a letter in addition to the call) telling them if they do not pick the units up within 5 business days you will have them placed at the curb and you will not be liable for them as they have refused to cooperate despite multiple notices.
If neither your landlord or HD comes for them, you need to put them out at the curb and based on your notices to both parties you would not be liable.
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