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I'm just trying to figure something out. My ex left her

Hi, I'm just trying...

Hi, I'm just trying to figure something out. My ex left her belongings at my place and the items had been sitting in my closet for several months. I've asked her multiple times to come and get her things over the course of the past three months and each time she either never showed, never contacted me on the days we scheduled for her to come get her things, or would respond a week later after multiple texts just trying to get her to communicate back. How long should I have waited before throwing her things away?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oklahoma

Lawyer's Assistant: What steps have you taken so far?

I've tried setting up times for her to come get her things over the course of the last few months. Each time she either didn't respond for up to a week at a time or would never show up on the days I would schedule with her for her to come get her things. I've left multiple voicemails and texts, telling her to come get her things and this has been ongoing for several months now.

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

Not that I can think of at the moment.

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Customer reply replied 1 month ago
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Answered in 11 minutes by:
3/27/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,244
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney.

What is the current situation? Have you ever given her a deadline?

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Customer reply replied 1 month ago
I told her a couple months back I wanted her stuff out by the end of February but she never responded to my calls so I had to tell her via voicemail. I have multiple text messages where we tried to schedule a time for her to come get her stuff and she either ignored the messages or came up with excuses for why she never responded to my multiple calls, texts, and messages until usually a week later. I've been very much up front with her about me wanting her stuff gone. I did end up throwing her stuff away after multiple people including my landlord told me that I should be fine with getting rid of her things after how long they had been sitting in my apartment. Now she's threatening to file police reports.

Okay. Hold, please. I want to research something...

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You are considered a landlord in this situation. She is the tenant. You can provide official notice. The property can be considered abandoned property:

A landlord shall provide written notice to the tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned. Any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the landlord may dispose of said property in any manner which he deems reasonable and proper without liability to the tenant or any other interested party.

So, after the property notice and waiting 30 days, then the property is deemed abandoned.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
The problem is I didn't know about the certified mail thing until after the fact. I have saved all of our messages that explicitly show the times I tried setting up a time with her to come get her things if that counts for anything. It has been well over 30 days since I initially setup times for her to come get her things.
Customer reply replied 1 month ago
I also can pull up the call logs from the multiple times I tried to call her on the days she was supposed to come get her things.

You can give the new notice now. And just waiting the 30 days.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Also even if I could have done certified mail she has never given me her new address to send it to so the only way I could be in contact with her is by phone, text, or email. She moved to her new place back in September and I don't know where it is or what apt number it would be.
The problem is that I can't really give notice now because her items were thrown away. She retrieved them but now she is saying there are things missing that were never in there to start with.
Customer reply replied 1 month ago
I'm just trying to figure out what I can do going forward to protect myself because I tried to give her multiple chances to come get her things and at this point I don't know if there's anything I can do...

If she is saying things are missing, she would have to prove that you took them. If you provided her ample time to retrieve them, then that could be held against her in her alleged claim you took the items.

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Customer reply replied 1 month ago
I know she can't prove that I took them and I gave her everything that I had of hers that I found after going through more stuff at my home last night. I provided her more time than necessary to come get her things. The security officers that she brought with her last night basically told me I have no legal rights because she wasn't a tenant and that's what she is sticking to to try and push me to give her more than what I have already given her.

If she wants to make a claim in court for the return of her property and you inform the court that she can come anytime to pick up the property, then that would be your defense against any claim she may have. If she claims you stole property, she would have to proof it. All your texts and emails are evidence to support your position.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Okay great. That's mainly what I wanted to be sure of cause I tried explaining that to the security officers but they were spouting off and not willing to listen when I tried explaining that she's had plenty of time to come get her items. If I have to go to court over the missing items I will definitely keep this info handy. Thanks!

You are welcome!

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
I know they are going to be trying to come tonight and if I don't have the missing items they are threatening to report me for her staying at my place even when she had her own place to stay while we were dating on top of the police report for the missing items. Is there anything I can do to protect myself from that?
Customer reply replied 1 month ago
Sorry for all the questions. I just want to be sure I've covered all my bases legally since she's trying to escalate.

If you are being threatened, you should notify the Police that the situation can occur.

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Customer reply replied 1 month ago
Okay I wondered if I should do that. They were harassing me last night about it after she found her stuff in the dumpster and dug it all out. I didn't know what to do at that point especially because it was so late and they were trying to tell me that I had no legal right to throw her stuff away despite all the times I tried to have her come get her things.

If you believe your life or well being is being threatened, you should inform the Police and possibly the Police can prevent the confrontation. Or you could attempt to obtain a restraining order.

Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,244
Experience: Helping you with your legal questions.
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Customer reply replied 1 month ago
Okay I will definitely see if that is necessary when I call them. Thank you. You've been a huge help and relief on my already fragile psyche after all this. I've been trying to get this resolved for months and just want it to be over so I can move on with my life.
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