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How long does someone have with personal property to store

 
 
 

Customer Question

How long does someone have with personal property to store with you until it is yours in florida. I was given a riding lawnmower to use (and start a business)and have done her yard for 1 1/2 yrs because she had no storage and it was to go toward ownership of equipment. Now she calls and says she isnt going to have her rent and she is going to have to sell it. Can she do that?

Submitted: 1013 days and 14 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country of Question: Florida

Already Tried:
talking and telling her that is not what we agreed and we have lots of money into the equipment because it was not working properly

 
 
 
 
 
 
Posted by MShore 1013 days and 14 hours ago.

Expert's Answer

Generally it is one year until personal property is considered abandoned and may be claimed by another. Here however there appears to be an agreement for the exchange of the lawnmower for lawnmowing services. So, the issue is not one of abandonment unless the owner acted or said anything to give the impression that she no longer wanted any interest in the mower regardless of whether you mowed her lawn or not.

 

 
 
 
 
 
 
1013 days and 14 hours ago.

Customer Reply

yeah so does she have the right to sell it

 
 
 
 
 
 
Posted by MShore 1013 days and 14 hours ago.

Expert's Answer

Yes, unless there was an agreement in writing between the two of you stipulating otherwise.

 
 
 
 
 
 
1013 days and 13 hours ago.

Customer Reply

what about all the money we have put into it. it was supposed to go toward the purchase by us. do we take off our parts or how do you handle it legally

 
 
 
 
 
 
Posted by MShore 1013 days and 13 hours ago.

Expert's Answer

you return the mower in the condition it was supplied to you. this is, unfortunately, the result of not having anything in writing.

 
 
 
 
 
 
1013 days and 13 hours ago.

Customer Reply

sorry to keep bothering you but how do i get back 750 in cuttings, all the parts, not to mention all the mechanical work on her truck and we even towed her home which was supposed to come off the price of equipment. Now she wants 400 for the mower we put in well over that and does she have to give us any time to purchase if not. Can we put a lien against the mower or something? We do have witnesses.

 
 
 
 
 
 

Accepted Answer

you do not have to pay her any cash for the use of the mower unless she can show that there was a rental agreement in place. No you cannot put a lien on the mower because the court would have to order the lien, and you do not have any proof to enable the court to side in your favor, but neither does she, which is why the court would just return the two of you to where you were before this whole arrangement started.

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Expert: MShore
Pos. Feedback: 98.1 %
Accepts: 17773
Answered: 8/13/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

 
 
 

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