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Hi there, Just went through a bad breakup. I allowed my boyfriend-at-the-time

to store his belongings in...
Hi there, Just went through a bad breakup. I allowed my boyfriend-at-the-time to store his belongings in the shed at the house i'm renting. After egregious mistreatment (weeks after the actual breakup) I told him, "You have 9 days to get everything off the property or it all goes to craigslist." He didn't make the deadline. I gave him five more days - the majority of his things still remained. So, reluctantly I put it on craigslist for free. He lost most of his possessions and now wants to sue me. Can I be held liable for the loss? I have many email and text records that include language like, "Please remove your things. I don't want to put them on craigslist," and "Do not call my bluff. I don't want to do it but will," etc.

Thanks for your help. I'm in Ashland, OR.
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Answered in 3 minutes by:
8/21/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,463
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Do you have documentation where you give him a deadline to remove his property or you would consider it abandoned and dispose of it?
.
It has to give him a set time and then say that you will get rid of it if he doesn't come get it...
.
.
Thanks
Barrister
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Customer reply replied 4 years ago

Thank you, XXXXX XXXXX have two emails that specifically state Saturday at 8pm. (July 27th of this year.)

Customer reply replied 4 years ago

To be more specific, here's the first email I sent him about it. He replied to it (so proof that it was received):


--


On Fri, Jul 19, 2013 at 7:38 AM, xxxxxxx wrote:


 


..........You have until 8 p.m. next Saturday, not this Saturday, to get your stuff out of the shed.... if you don't get your stuff out of the shed by then it goes on Craigslist for free. you have enough time to work out a backup plan in case you get sent on a fire. not my problem. after 8 p.m. it all goes on Craigslist, no exceptions.

Ok, when BF left his property there with permission from you, what he did was create a

"voluntary bailment" with you being the bailee. A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

.

So if you have proof that you gave him a set deadline to come get his stuff or you would dispose of it, and he didn't do so, then you would be free to do whatever you wanted with it. A person is under no legal obligation to continue to store the property of another person once they have given notice to them to remove it and that time passes.

.

I would opine that if he tries to sue you and you provide that as evidence, the judge would rule that he was put on notice that you were terminating the bailment and by failing to remove his personal property he would be deemed to have abandoned it.

.

.

Thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,463
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 years ago

Damn I could hug you. Thank you Barrister!

You are very welcome. Glad I could help.
.
.
Thanks
Barrister
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Barrister
Barrister
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