Thank you, Neil.
Okay, a few "ground rules."
1) Them leaving the dumpster on your property is likely NOT enough to justify you disputing the charges. Allow me to explain why.
To dispute the charges, one has to have a reason, such as say, "breach of contract
." Now, them not picking up the dumpster is not a breach of contract. At least, not a material breach that would allow you to simply void your payment.
Breach of contract may be minor, or material.
A minor breach is substandard performance but one that does not cancel the contract.
A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.
Is it a minor or material breach? The Court would decide based on the following subjective factors:
1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.
2) If you were alleging something else, then you could not simply "void" the payment in anticipation of being confirmed by the Court. One is supposed to seek relief in Court. They did provide a service, and you paid for it, but if they forgot to take the dumpster away, and it injured you, then payment for that injury should be pursued separately in Court.
3) There is no legal "time limit" for how long the dumpster should stay there until removed. You can give them reasonable notice
and then have it removed, and then pursue them for that cost and/or any other cost of injury that them not removing the dumpster has caused.
There is no law in NY codes of "how long one should keep the other's things." While the statutes are vast, some things are bound to be left out. Ergo, we fall back on the doctrine of "common law." The system has come up with a way to deal with this matter that is called "estoppel by aquiescence." Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary.
In this case, someone in your situation would send a certified letter telling them that they have a reasonable amount of days from receipt of the correspondence (normally 20 to 30) to come and pick up the dumpster or else you will have it removed and will hold them responsible for that cost.
Template letter:Dear ____________,
This correspondence is in regards XXXXX XXXXX dumpster located at __address____, sent by you on ___date_____, under the premise that it would be picked up by _____.
To this date, the dumpster has not been picked up. Notice is hereby given that unless this dumpster is picked up in __ days of your receipt of this certified letter, the dumpster in questions will be towed and you will be held liable for the cost.
Please contact me via ____tel and/or ___address____ to coordinate your pick up of the dumpster.
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