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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My daughter-in-law left my son about a month ago. She hadn't

Customer Question

My daughter-in-law left my son about a month ago. She hadn't paid rent at their house so they were evicted a few weeks after she left. When she moved out she took her son's bed and a few personal items. He moved everything else into our barn. We are in a different county but all in Ohio. Now that she know the items are in storage (barn) she is asking if she can pick "her" things up. I should mention she took out a CPO against him. Since he is currently staying with us, I told her "that when the two of them can legally get together to tell me what is her's and what is his then she can come get items". However, now I am finding out that she can't even file for divorce because she has moved to a different county and he is going over the road trucking. At what point in time can I consider the items "abandoned" and dispose of the property?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

If she is requesting she retrieve any belongings that have not been there at least 6 months, and where you have notified her in writing to get them or they would be disposed of then I suggest you need to allow her to get what belongs to her. I suggest, however, that you can charge her a "reasonable" fee for the storage of the items. And that to determine what that reasonable fee would be, you can call around to local storage facilities and get a monthly rate and then prorate that by the day.

So for instance, if the storage facility would charge $50 a month and her things have been at your place for say 14 days, then you will prorate the storage fee of $50 a month at 14 days - so it would be $50 divided by the number of days in the month and then multiplied by the 14 days - so in this scenario it would be $50 divided by 30 days which is $1.66 a day multiplied by the 14 days which would be $23.33.

It may be a storage facility will charge $75 a month and if that is the case you use that as your base amount for storage fees.

So in other words, the law requires the holder of the property provide written Notice to retrieve within a certain time and if they do not then it can be disposed of or storage fees may be charged.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you