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My brother was living with me for a few months last year and…

Hello, My brother was...

Hello, My brother was living with me for a few months last year and moved out in april, we have since then been requesting he remove some tools off the property which he would not do because of no space to put them. We have requested for over 5 months via text, phone calls, and in person. Last Sunday we threw a portion of them away because we are sellign our home are taking photos and have an open house this coming weekend. He now is threatening a to file a lein with the property and file a police report stating he was a tenant and that we had no legal right to. There was never any lease agreement though he did help pay for some bills while he was living there. Does he have cause to go after us?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

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

He says he hasnt yet, he threatened us to file if we dont pay him 1000 for the tools

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

No I think that is it

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Customer reply replied 1 month ago

I have paid rent so i was Tenet I lived in the garage that was built for me to say that I paid rent there also live next-door paid rent there I was attending the tools were placed on the neighbors yard which I had permission from the tenant currently lives there who currently pays rent there and I did not get a notice from them to remove my tools from the premises I did not get a legal notice from you to remove Michael from the premises yes we have talked about it that doesn’t change the fact that when we talked about it I told you I have no way of doing it told Josh he can come down drop the tools off at the shop or at my moms house which she drives by every day to take the kids to school the damage that was done to my song is something that you guys need to replace I have already talked to the please department showed them all the messages told him what’s going on they told me I can file a police report and then file lien on the house immediately after I told you I can come get my stuff that are still there I want $1000 to replace my saw that was damaged by your dog and I want the other tools that were either sold or thrown away replaced I have already talked to them this is my last chance of trying to work things through with youWithout involving the police so now I will consider this my 30 day notice to get the tools off of your premises even though they’re not on your side you’re on the side that belongs to the different tenant who pays rent and who gave me permission to leave my tools there what would you like me to do would you like me to come pick up a check to replace my saw and the rest of my tools or go make a police report and file a lien on the house it’s your choice I’m not gonna sit here and fight with you I’m not gonna sit here and battle things out this is my way of trying to fix things without involving the police and without interrupting your house being sold Sent from my iPhone On Mar 8, 2018, at 2:57 PM, Josh and Jessica *********** <**********************> wrote: Good Afternoon, You were never a tenant but a family member staying at our home fore a short period of time you have since been out for almost 6 months. We have been requesting and have in writing multiple occasions asked that you please remove your items. As you are aware the last few times we notified you that we are selling the property and that the items had to be removed so we could do so. You did not comply, civil law states we have 21 days to notify you if you were a tenant which you weren't and have no legal documentation or proof of. But in any case we notified well over the 21 days. We had to remove to items from the property. I find it very sad that you feel the need to threaten me when I texted you multiple times and you ignored me for over a month now. We did nothing to start this and its sad how you have forgotten about all we have done for each other over the years. At this time you may come get the rest of your tools with the following representatives in accompany with you only, unless they are with you. you will not be allowed on the property and the police will be notified. Richard ****** or Jane ******. Please note this is the appropriate email for all communications. From: Jonathan ****** <***********************> Sent: Thursday, March 8, 2018 2:27 PM To: **************** Subject: Fwd: Tools ***************************. ***************** ****************************** ---------- Forwarded message ---------- From: "Joshua ***********" <************************> Date: Mar 8, 2018 14:26 Subject: Tools To: "Sis **********" <*********************************> Cc: OK so I’ve gone down to the please department and talk to them about what you guys did my tools and because I was a tenant there and you guys not give me legal notice to get my stuff out and we talked about it I showed them all the messages between me and Josh they told me to file a police report and if you guys don’t replace the chopsaw that your dog ruined and the tools that were missing that you guys got rid of her sold or whatever you did I will be making a police report and as soon as that’s done I’m going to file a lien on the houseThe stand for my chopsaw and my chopsaw and Blaine are over $1500 in value the only way I’m willing to work on anything with any of this is I can go get my toolsThat are still there if my compresses there then I will just get all my tools and you guys can pay me for the saw $1000 for the saw and whatever it is for the stand if you guys don’t replace those I will make the report and file a lien on the house which will screw up your whole entire thing on selling it this is the last thing that I’m going to do to try and work through this since you guys want to play games I’ve already done all my research looked everything up have everything written down have everything documented this is my last chance to do this without involving the police Sent from my iPhone

Customer reply replied 1 month ago
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Customer reply replied 1 month ago

****************

Customer reply replied 1 month ago
Do you have what you need from me to proceed
Answered in 46 minutes by:
3/8/2018
Attorney2
Attorney2, Attorney
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Customer reply replied 1 month ago
Wonderful can we talk on the phone?

The site blocks out your telephone. If you would like a telephone call you need to accept the site request. I can continue in this format until the call is processed.

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Customer reply replied 1 month ago
Ok thank you.
Customer reply replied 1 month ago
Where do I accept the site request

He would need to file a lawsuit and receive a judgment to file a lien. Let me provide the law on the requirements for handling property left at your residence. One moment please.

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Customer reply replied 1 month ago
Thank you.
Customer reply replied 1 month ago
We are in the process of selling the home. Will this affect it?
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 114
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Phone call session started

It would take awhile to bring a lawsuit an receive a judgment. Is the property for sale?

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Customer reply replied 1 month ago
Lowe listed it on Tuesday
Customer reply replied 1 month ago
we listed it on Tuesday

You should be receiving a telephone call. This falls under landlord tenant law even if he did not pay rent.

Let me set out the procedure.

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Customer reply replied 1 month ago
Ok thank you. I await the call

First, you must inventory and store the personal property in a safe location. You can decide to keep the property in the rental unit, but the rental unit must be safe and secure. Then, you must give the tenant notice of the abandoned property and your intention to dispose of it if the tenant does not claim the property. If you have reason to believe that the tenant is not the owner of the property and you know who the owner is, then you must also send a notice to the actual owner of the property, in addition to the tenant (see Cal. Code of Civ. Proc. § § 1983 and 1986).

The notice must contain very specific information, as required by California law. However, California has made it very easy for you create this notice by providing you with templates to use. You just have to provide the specific information for your situation. The templates can be found at Cal. Code of Civ. Proc. § § 1984 and 1985. It is important to note that there is one template for the tenant and another template for someone other than the tenant who you believe is the owner of the property. Regardless of which notice you use, each notice must contain the following information:

  • a description of the abandoned property
  • the location where the tenant can claim the property
  • the time frame that the tenant (or owner of the property) has to claim the property
  • a statement that reasonable storage costs will be charged to the tenant and the tenant must pay those costs before claiming the property, and
  • a statement that if the property is not claimed in time, it will either be sold or disposed of.

You can either personally deliver this notice to the tenant or mail it to the tenant’s last known address, or any address that you believe the tenant might be reached at. If the tenant provided you with an email address, you can also email the notice to the tenant. If you personally deliver the notice to the tenant, then you must store the abandoned property for at least 15 days. If you mail the notice to the tenant (including email), then you must store the property for at least 18 days from the date the notice was mailed (see Cal. Code of Civ. Proc. § 1983).

You can charge the tenant for the reasonable costs of storing the property, and you can prohibit the tenant from claiming the property until those costs have been paid. However, if the tenant claims the property within two days of moving out of the rental unit and the property remained in the rental unit during that time, then the tenant does not need to pay you anything to reclaim the property (see Cal. Code of Civ. Proc. § 1987).

Disposing of Abandoned Property

If the tenant does not claim the property in time, then you can sell the property at a public auction. You must provide notice of the sale in a local newspaper with general circulation at least five days before the sale. The tenant could still claim the property any time before the sale, but the tenant must pay for the costs of storage up to this point and the costs of advertising before reclaiming the property. After the sale, you can use the proceeds of the sale to pay for the costs of storing the property and advertising for the sale, but you must turn over any leftover money to the treasury of the county, where the tenant can claim the proceeds for up to one year after the sale (seeCal. Code of Civ. Proc. § 1988).

If you believe the property is worth less than $700, then you don’t have to sell the property. You can either keep it for your own use or dispose of it in any legal manner (see Cal. Code of Civ. Proc. § 1988(a))." https://www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-california.html

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Customer reply replied 1 month ago
ok, so just to clarify we are in the wrong then because we didnt send a written notification to him concerning the tools even though he has not lived here since April even though we texted him in january and febuary.We never considered him a tenant because he was just my brother crashing for a little while
Customer reply replied 1 month ago
Also while living there he stored the items in a wooden box so they were continually rained on and rusted so while he is claiming the value is over 700 I do not belive it is
I understand that you didn’t consider him a tenant. The law considers him a tenant. The attorney that will be calling you can go into more detail with you.
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Your brother cannot assign arbitrary value to his belongings.
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