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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How long can someone leave their belongings on your property

Resolved Question:

How long can someone leave their belongings on your property before you can dispose of them? The belongings in question were supposed be removed on Nov. 1, 2010.
Their being on my property is impeding my ability to work. I have called a Mr. Roy Regaldo from Idyllwild, (XXX-XXX-XXXX) on several occasions and he keeps making excuses about why he can't come get his things.
What recourse do I have? How long do I have to wait before removing them myself?
I am handicapped, my husband and I have a Christmas tree farm which is due to open on the day after Thanksgiving and this guy still hasn't come to pick up his stuff. I am three weeks behind schedule at this point, because he has not removed his stuff in a timely fashion.
Any advice on what to do would be greatly appreciated, since the police, sheriffs, and CHP, say they can't help me.
Julie Wickerd
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.

Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Did you agree to keep the belongings on your property? Verbally or in writing? Is this a former tenant or just a friend?

Customer: replied 6 years ago.
I did not. My husband Jack did have a verbal agreement to allow this person to set up a "Haunted House" under one of our large oak trees during the month of October. I spoke to him before he set up, and he agreed to move his property Nov. 1st., 2010. I have contacted him several times regarding this. He did finally dismantle his "Halloween Props", but they are still sitting on our property. When I call he doesn't answer, it goes to voice mail. When he calls back he calls my husband, and makes excuses about why he can't remove his property as we had agreed.
My husband is so tired of it he has asked me to deal with the problem. I am handicapped, and my Blood Pressure doesn't need any more stress. So what can I do now?
This person promised to pay us, but we haven't seen a cent. This is the second year he has been here and my husband, despite my advice allowed him to store the stuff here rent free, since October 2009. We've both told him to remove his property, as of Nov. 1, 2010.
He is not a friend, but an outside vendor of an Event Service, (Haunted Oak/Tree of Terror).
He also promised to pay several of our friends for working for him on the Tree of Terror, but has never paid them either.
I just want his property gone. Everyone in the whole family does at this point.
We have promoted his business in print ads, and on our web site. He didn't even bother to open the first week his own flyer said he would. Please help me get rid of this nightmare and his junk!
Thank you!
Julie Wickerd
Expert:  Ely replied 6 years ago.
Thank you. Just one last question - he promised to pay you for storage or for setting it up in the first place? Did he make money off of this?
Customer: replied 6 years ago.
He promised a percentage of the proceeds to us. He also promised to pay the people staffing the Tree of Terror, in 2009. He did make money from it, but lied and told us that he didn't. He told the people staffing the Tree of Terror (who told me), that he did indeed make money in 2009, but instead of paying them like he promised, after they had worked, he told them he wasn't going to pay them but he'd have a "party" for them at his home in Idyllwild. These people don't know where Idyllwild is or even have the gas money to get there.
I do not believe he promised to pay us for storage or to set up his props, just a percentage of the gate.
I am not sure how much if any money he made for this year.
He did promise me to clean and remove his property on Nov. 1st, 2010.
By the way, he did not even bother to notify us that he would not be opening the first weekend this year. I only found out through one of the people he had "working": for him last year.
Julie Wickerd
Expert:  Ely replied 6 years ago.
I understand. You are within your rights to impose 'reasonable' storage fees unto him until he removes his property. You need to send him a letter, certified, that you will be starting to hold him liable for a storage fee per day of an x amount, until he removes it, and if he does not do so within 30 days, you will donate it. Make sure to send it certified, RRR. He'll pick the property up ASAP then.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

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