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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24273
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I live in NJ and own my house which my boyfriend has lived

Customer Question

I live in NJ and own my house which my boyfriend has lived with me for nine years... He hasn't worked or helped with paying any of the bills. He is now out of my house as of 2 days ago. I want to start packing his clothes and other stuff (pictures, furniture and a car that has been in my driveway for years that doesn't run, etc.) Also lots of stuff in my attic... How long can he leaves stuff here before I can get rid of it or sell it?
Can I get a storage unit and pay for the first month and put his stuff there?
This has been coming to a head for along time now and don't want to let him come back here. When I told him that I would put some clean clothes on the porch in a bag, he said not to touch his stuff. I said don't make me get a restraining order against you...he said that's the last thing I should do !!! He has a bad temper and don't want to have to deal with any repercussions .
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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How long can he leaves stuff here before I can get rid of it or sell it?
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When he left his property there, this would have created an "involuntary bailment" with you being the bailee. An involuntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee without permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate an involuntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address (which would probably be the property address). I would send it certified mail as well as first class mail in case he has a forwarding address with the post office. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned. You can give him more time if you choose to, but a week is considered a reasonable time to terminate a bailment.

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Can I get a storage unit and pay for the first month and put his stuff there?

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Unless you have gone through a formal eviction, then you couldn't remove his personal property from your house. This would be considered an illegal eviction and would actualy give him grounds to sue you for damages.

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You could also get rid of all his stuff by formally evicting him through the courts. You would have to start out with a formal 30 day notice to terminate the tenancy and then evict him through the courts if he didn't move his property out within that 30 days. But this will end up taking about 1.5 to 2 months in total, so going the bailment termination route would end up being your fastest route to getting his stuff gone if he has actually moved elsewhere and just left his stuff there at your house.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Attorney
Category: Legal
Satisfied Customers: 24273
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 6 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you today and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help.

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Thanks

Barrister

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Barrister
Barrister
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14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs