How long do I have keep personal property before it is considered abandoned?
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How long do I have keep personal property before it is considered abandoned?
I allowed my ex to leave her property in my rental house instead of keeping it in storage. I was paying for the storage and decided I did not wish to continue paying it. I told my ex I brought the property to the house I am renting. We initially agreed that by 08/06 she would get her belongings or I would put it in storage. She stated she could not do it then financially and she could afford the storage bill. I then agreed to extend the agreement to 0/15. By the 15th she and I agreed that she would come and get her belongings from my house. However, now she states that she needs more time and she will get the belongs whenever she can and there is nothing I can do about it. What is my legal remedy if she breaks the agreement for 09/15.
Asked on September 6, 2019 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is no hard and fast rule. Generally, you have to give the person a reasonable time to recover them and written notice to do so. If she does not get them by the 15th, send her another another, sent some way or ways you can prove delivery, reiterating how long she has left her belongings there, when she was supposed to retrieve them, prior attempts to get her to take them, and that you did not agree and have not agreed to hold them indefinitely. In the notice, given her another 30 days to recover them and state plainly that if she does not get them by then, you will consider them abandoned and put them out for disposal. Then if she doesn't get them by then, set out them after the deadline.
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