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I have entered into a bailment with a neighbor. He owns a…

Customer Question
I have entered into...

I have entered into a bailment with a neighbor. He owns a dog, but also travels quite a bit. He doesn't have anyone to take care of the dog, so he has been debated about giving the dog up. He asked me to take the dog for 30 days while he made of his mind. At the end of the 30 days he will either pick the dog up or I can keep the dog if he doesn't come for it. This has all been written in an email. At 23 days, he asks to see the dog. He leaves without any mention of taking the dog back then or later. At 30 days, I contract him and ask if he is going to come and get the dog. He is vague about it but says he ca't right now. At 33 days I ask him again. He says he is sick and can't come. He does not off that his wife or anyone else come for the dog nor does he ask me to bring the dog to him. At 43 days, he says he wants the dog back. I say I now want to keep the dog since he went past the original 30 days agreement and past up several occasions to come and get the dog. He as not accepted any monetary offers to settle the ownership dispute. My question is would I be able to keep the dog? A bailment agreement was set for a fixed term and the bailor failed to claim the property at the end of the term, is he deemed to have abandoned the property? Alternatively, is the voluntary bailment be converted into an involuntary bailment? Is there any case law to support my position?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

Not yet. I wanted to see if I would have a case or not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That would be it for now.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
12/6/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,929
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If there was a written agreement regarding what you are saying and the email confirms the terms, plus you have documentation of you asking him to come get the dog and he failed to do so, then you have an enforceable agreement to keep the dog. If he disputes that agreement, he would have to sue in court to recover the dog and prove somehow there was no such contractual agreement.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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