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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26547
Experience:  12+ yrs. of experience including real estate law.
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I allowed my granddaughters father to stay at my house for

Resolved Question:

I allowed my granddaughters' father to stay at my house for free. There was a confrontation and I told him he had to leave. He was escorted by sherrif's deputies and he was told to make arrangements to take the rest of his possessions. This happened last Summer and he has made no plans or shown any intent to recover his possessions. I need that space, can I dispose of his posssessions?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Thank you

What you describe, you have become a "bailee". This is a legal definition of a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership.

As a bailee, you have a duty of care for the property.

Now...this duty does not run indefinitely. Since he is no longer in the home, you can demand he remove the property. But the key is you have to give him notice, and a reasonable opportunity to recover the property.

So, what you describe

He was escorted by sherrif's deputies and he was told to make arrangements to take the rest of his possessions

If this happened...if he was given notice last summer and has made no efforts to recover the property, you can dispose of the property.

But if he were to sue you? You would have to prove that he had notice and opportunity. That he knew that he was required to remove the property and decided not to. If that is what happened, you have no worries.

On the other hand, if there is any question as to if he was given notice that he had to remove the property? You may want to contact him once more and give him a reasonable opportunity (after all this time, 2 weeks would be reasonable)


Please let me know if you have more questions...happy to assist if I can
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26547
Experience: 12+ yrs. of experience including real estate law.
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