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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100032
Experience:  Lawyer
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Not sure if Im in Canada Law category or not - but thats

Customer Question

Not sure if I'm in Canada Law category or not - but that's where this question should be directed please.

My ex partner (boyfriend) moved out of my house 2 years ago. He does not own it or have any financial stake in it ie his name is XXXXX XXXXX the deeds and he lived here for less than 2 years. He left a lot of his personal possessions behind - including a car and motorbike. Despite asking him to remove them from my property many times - he has not.

Can I legally get them towed and sell or give away the rest of his possessions? He's now ignoring my emails/calls and I do not have his address to send a letter to give him official notice to remove them.

Submitted: 4 years ago.
Category: Canada Law
Expert:  Debra replied 4 years ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You can send him an email giving him a deadline for removing all of the items.

Tell him that if does not they will be discarded or otherwise removed and you will sue him for any costs you incur.

Then after the deadline passes you can do what you want.

No Court is going to say you had to keep his things for over two years.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

Hi there - sorry for the delay - the situation has gotten worse in the last couple of days so just wanted to clarify what my legal obligation is. If I give him a deadline and he does not remove the articles (the car is my biggest concern) can I legally dispose of these items without running the risk of being prosecuted for being a thief? I know they are on my property but I did initially give him permission to leave them. I then started to ask him to remove them over a year ago - so in effect rescinded that permission. If I give them away, sell them or, specifically, get the car towed to a junk yard, would he have recourse to come back and ask me for their value in cash? Thanks, Sue.

Expert:  Debra replied 4 years ago.
You cannot be compelled to keep the items for free indefinitely when you don't want to.

So he can sue but you will most likely win so long as you can show you gave him fair warning.

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