I think this is a GQ because right now I’m just looking for a factual answer. Maybe in a few months I’ll start a IMHO/Legal Advice thread.
We agreed to store specific pieces of furniture for my SIL indefinitely. While we were out, her common-law husband (legal in CO) brought over his furniture too* and basically took up our whole spare room. We never agreed to store his furniture and it makes that room unlivable whereas storing the furniture we agreed to would still allow us access to that room. They are planning to move out-of-state in a couple months so we are willing to deal with it until the end of March so as to not stress her out any more. My question is if we re-iterate in clear terms what furniture we are willing to store and the time-frame that his furniture needs to be out, then what can we legally do if they leave it? Oh and he doesn’t do written contracts or bills-of-sales or any other sort of paperwork because he doesn’t see the need of it so what we have is an oral agreement and that’s probably the best we’ll ever get.
*This is the same guy when we were desperate 6 months ago refused to let us store anything in his garage because it is HIS garage so for him to just dump his stuff in our room because they are desperate which we did not agree to really pisses us off.
How long ago did the common-law husband bring his stuff over? If we’re talking 24/48 hours, then you need to contact him and tell him to remove his stuff. If you’ve left it longer than that, then your lack of action has implied consent.
Don’t wait until the end of March to deal with it. Make it clear now that you are happy to store both their furniture until the end of March, but then his furniture needs to be removed by date.
No contract and he brought the furniture over when you weren’t home? Inform him if the property isn’t moved by the time he leaves the state that you will consider the property abandoned and will sell it off or donate it to charity.
You can force the issue if you want to. Tell him he can either put it in writing or pick his stuff up immediately. You can decide not to do this, but you can’t really blame him for it.
How did this bozo get inside your house? Change your locks ASAP.
I wouldn’t send him a notice to remove the stuff. I’d send him a thank you note saying what a lovely surprise it was and how kind and generous of him to give you all that lovely furniture and how much you’re looking forward to using it.
I would go a step further with the thank you letter, beg, borrow or steal a really mangy looking mutt, take a picture of the dog on the furniture and send the picture with a note saying how much your new dog, Scabies, loves the new furniture.
Even better, when he left the stuff he told my stepson (that’s how he got in) he told him to keep the door shut, the dogs were never allowed in the room and we couldn’t touch anything. Yes he is a dick. Did I mention when we needed temporary storage my SIL said of course but HE overruled her since it is HIS garage.
Does he read? I’d write it up and tell him what the deadline is and don’t ask what he thinks. Just say that the stuff will be thrown out at such and such a date if still on your premises.
If you must be nice about it, ask first about their plans for the stuff when they move. Let him know that while you’re OK with the original furniture being there indefinitely, you can’t lose that room indefintely, so his stuff will have to move before he does. If he gives you crap about it, drop the note on him, his stuff leaves on the right date, or you’re getting a Bagster and throwing it all out.
That old truism about possession being 9/10ths of the law may not reflect any actual law, but given this man’s apparent disdain for written agreements, I suspect it’s highly unlikely he thoroughly maintains receipts or other documentation proving these items belong to him. Do whatever you want with it, it’s your stuff now.
So this might be more IMHO/Legal advice territory but he has some nice stuff. If I write the letter I know it is not a legal contract so if the deadline is 3/31 then do I own the stuff 4/1? I suspect the answer is to go to court and file something adverse possession or something and take a copy of the letter to court and get legal possession.
I learned about this from The People’s Court. An unassailable source, I am sure you will agree.
Taking charge of another’s property for a specified purpose is a bailment. Doing it for free is a “gratuitious bailment”. The standard there is “slight care” - you don’t have to do much to safeguard the property, but you do have to do a little. Since you did not consent to a bailment with your BIL, you don’t owe him even that much.
Had you been paid for storage, your standard would be “reasonable care”. But you weren’t, so no matter. You have to give him notice, if he does not respond, it is abandoned property and you may dispose of it as you like.
IANAL, nor Judge Wapner either. YMMV, BYOB, LS/MFT, non compos mentis, e pluribus unum.
I’ll throw another option at you, it’s more of a pain, but may be more fun too. If you know the day they’re moving, offer to “help”. Load all his nice stuff into something, and drive it over, so he basically has to take it, or he can choose to leave it on the curb of his old place.
While the OP did specifically seek factual answers, this has drifted well into IMHO territory. Let’s move it over to IMHO where people can both give advice and also still comment on any legal issues that may apply.
Moving thread from General Questions to In My Humble Opinion.