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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38200
Experience:  16 years real estate, Realtor. Landlord 26 years
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I'm not sure if it's a real estate question. I own my home.

Customer Question

I'm not sure if it's a real estate question. I own my home. My daughter and son in law lived in my home and he is no longer here. He left in February and they were divorced in May. He left his stuff here. I want it gone. He says I have no rights. What can I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Phoenix AZ
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that he now lives in MA
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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What the person has done by leaving their property there is create an "involuntary bailment" with you being the bailee. An involuntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee without 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 an involuntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address (which would be the property address in MA if you have it, otherwise your home). I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. State that you are terminating the bailment and the bailor has a reasonable time, maybe 10 days to remove the property or you will consider it abandoned and dispose of it. On day 11 if it is still there, you can dispose of it as abandoned. You can give more time if you want, just not something less like 24 hours notice.

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If you have other contact methods, text, email, etc. I would also reach out using those. The whole point is that you are making a good faith effort to notify them to come get their stuff before you get rid of it and gave them adequate time to do so.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister