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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I fix someone's lawn mower and they left it on my property

Customer Question

I fix someone's lawn mower and they left it on my property for over 9 months and wouldn't come and get it so I finally took it back how much can I charge per day for keeping it on my property
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes there was a lawn mower a lady had broke down and I fixed it and she never come to pick it up I kept telling her to come and get her lawn mower and she wouldn't so finally after almost 9 months I took it to her house and dropped it off my question is how much can I charge her per day for having her lawn mower on my property
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  KJL LAW replied 6 months ago.
What state are you located in?
Customer: replied 6 months ago.
Customer: replied 6 months ago.
I don't see your answer
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Your previous expert has opted out and I have opted in. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am guessing the lawn mower does not have a title registered anywhere (most lawn mowers do not). I am also guessing that you have the individual's address or a way to contact them. I am going to assume, as well, that no contract/receipt states the amount for storage fees. Finally, I am guessing that no written contract or receipt states how many days they have to pick up the item. If any of these assumptions are false, reply and let me know. There is no law in OK statutory codes of "how long one should keep the other's items." 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 acquiescence." 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 (return receipt requested) to the last/any known address of the owner (as well as an email, telephone call, and SMS) 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 mower or else you will lawfully take possession of it after considering them abandoned. If they do not, then that would mean that the mower is all yours to do with as you wish. You keep a record of what was sent, so that if they ever try to claim that you took the items without permission, you have the affirmative defense of estoppel by aquiescence. Template letter:Dear ____________,This correspondence is in regards ***** ***** property stored at __address____, left by you on ___date_____, under the premise that it would be picked up by _____. This property consists of the following items: description. To this date, the property has not been picked up. Notice is hereby given that unless this property is picked up in __ days of your receipt of this certified letter, the property in questions will be donated and otherwise disposed of. Please contact me via ___tel and/or __address____ to coordinate your pick up of the property.Sincerely,SignatureName - - - There is also no law as to how much one can charge for keeping the mower on the property. But it may be easier to simply take possession of it per the above. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) 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 with a positive rating.
Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!