How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I rented a dumpster for a term of one week, company never picked

Resolved Question:

I rented a dumpster for a term of one week, company never picked up, numerous calls to remedy situation. Still have dumpster on property going on 5 weeks. Disputed charge on credit card, still have not heard from company, Do I have to leave it on my property for a certain period of time before I can have some other company remove it?What are my rights in this situation? Thanks for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me how long it was supposed to remain on our property in the original contract?

And, why did you dispute the charges, exactly? Because you do not wish to pay them for the use if it means you may have to end up contacting to have it removed - correct?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Thanks Ely, one week was the term of the rental, disputed charge because they did not complete the service they sold me . They never picked it up.

Expert:  Ely replied 1 year ago.
Neil,

Thank you. What was the service exactly? And by "not completing it," what do you mean exactly? How did they not complete it? Or is them not picking it up not completing it?
Customer: replied 1 year ago.

They were to provide a 20 yard dumpster for me to use for a term of one week, that they did. What they did not do was pick up the dumpster at the end of that period of time. I did speak with a representative who siad it was not on the schedule, and they pick it up at the end of the following week. This did noit happen.

Expert:  Ely replied 1 year ago.
Neil,

Okay, thank you. I am sorry for all the questions, but I have a few more.

1) Is the presence of the dumpster in any way hindering your business so far?

2) How much would it cost to tow the dumpster to their location, or elsewhere, approximately?
Customer: replied 1 year ago.


It is in my driveway, I can barely fit my car in the driveway to get it off the street but I can make that work. I have not investigated the tow but I can find that out. If i do the tow then what do you suggest?

Expert:  Ely replied 1 year ago.
Thank you, Neil.

Hang on... before I answer everything I have one more question. You have been extraordinarily patient with me so far. It is just that the nuance counts very much here.

I assumed that this was a business. Is it? If so, is the dumpster affecting you doing business? Aside from the vehicle maneuvering, I mean. As in, is it not allowing customers to drive up? Or is it an eye sore?

Or is this a residential property?
Customer: replied 1 year ago.


Sorry for the confusion, to clarify this is a residence

Expert:  Ely replied 1 year ago.
And what state is this in, please?
Customer: replied 1 year ago.


New York

Expert:  Ely replied 1 year ago.
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.

Sincerely,

Signature

Name


Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89141
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.


Thanks for the info and reality check . Have a good night.

Expert:  Ely replied 1 year ago.
You too!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Ely
Ely
Counselor at Law
20662 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.