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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I rented a dumpster for a term of one week, company never picked

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I rented a dumpster for a term of one week, company never picked up, numerous calls to remedy situation. Still have dumpster on property going on 5 weeks. Disputed charge on credit card, still have not heard from company, Do I have to leave it on my property for a certain period of time before I can have some other company remove it?What are my rights in this situation? Thanks for your time.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me how long it was supposed to remain on our property in the original contract?

And, why did you dispute the charges, exactly? Because you do not wish to pay them for the use if it means you may have to end up contacting to have it removed - correct?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

Thanks Ely, one week was the term of the rental, disputed charge because they did not complete the service they sold me . They never picked it up.


Thank you. What was the service exactly? And by "not completing it," what do you mean exactly? How did they not complete it? Or is them not picking it up not completing it?
Customer: replied 4 years ago.

They were to provide a 20 yard dumpster for me to use for a term of one week, that they did. What they did not do was pick up the dumpster at the end of that period of time. I did speak with a representative who siad it was not on the schedule, and they pick it up at the end of the following week. This did noit happen.


Okay, thank you. I am sorry for all the questions, but I have a few more.

1) Is the presence of the dumpster in any way hindering your business so far?

2) How much would it cost to tow the dumpster to their location, or elsewhere, approximately?
Customer: replied 4 years ago.

It is in my driveway, I can barely fit my car in the driveway to get it off the street but I can make that work. I have not investigated the tow but I can find that out. If i do the tow then what do you suggest?

Thank you, Neil.

Hang on... before I answer everything I have one more question. You have been extraordinarily patient with me so far. It is just that the nuance counts very much here.

I assumed that this was a business. Is it? If so, is the dumpster affecting you doing business? Aside from the vehicle maneuvering, I mean. As in, is it not allowing customers to drive up? Or is it an eye sore?

Or is this a residential property?
Customer: replied 4 years ago.

Sorry for the confusion, to clarify this is a residence

And what state is this in, please?
Customer: replied 4 years ago.

New York

Thank you, Neil.

Okay, a few "ground rules."

1) Them leaving the dumpster on your property is likely NOT enough to justify you disputing the charges. Allow me to explain why.

To dispute the charges, one has to have a reason, such as say, "breach of contract." Now, them not picking up the dumpster is not a breach of contract. At least, not a material breach that would allow you to simply void your payment.

Breach of contract may be minor, or material.

A minor breach is substandard performance but one that does not cancel the contract.

A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.

Is it a minor or material breach? The Court would decide based on the following subjective factors:

1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.

2) If you were alleging something else, then you could not simply "void" the payment in anticipation of being confirmed by the Court. One is supposed to seek relief in Court. They did provide a service, and you paid for it, but if they forgot to take the dumpster away, and it injured you, then payment for that injury should be pursued separately in Court.

3) There is no legal "time limit" for how long the dumpster should stay there until removed. You can give them reasonable notice and then have it removed, and then pursue them for that cost and/or any other cost of injury that them not removing the dumpster has caused.

There is no law in NY codes of "how long one should keep the other's things." While the statutes are vast, some things are bound to be left out. Ergo, we fall back on the doctrine of "common law." The system has come up with a way to deal with this matter that is called "estoppel by aquiescence." Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary.

In this case, someone in your situation would send a certified letter telling them that they have a reasonable amount of days from receipt of the correspondence (normally 20 to 30) to come and pick up the dumpster or else you will have it removed and will hold them responsible for that cost.

Template letter:

Dear ____________,

This correspondence is in regards XXXXX XXXXX dumpster located at __address____, sent by you on ___date_____, under the premise that it would be picked up by _____.

To this date, the dumpster has not been picked up. Notice is hereby given that unless this dumpster is picked up in __ days of your receipt of this certified letter, the dumpster in questions will be towed and you will be held liable for the cost.

Please contact me via ____tel and/or ___address____ to coordinate your pick up of the dumpster.




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Customer: replied 4 years ago.

Thanks for the info and reality check . Have a good night.

You too!