Legal Question in Landlord & Tenant Law in California

Personal property left behind

My significant other who was living in my household moved out and left a large amount of personal property which I am storing. Is there a time limit to move it out and if so what are my options? He claims if I move his property to the driveway of his new place he will file a suit against me for trespassing and will charge me with theft. I just want to have his personal property off of my property as the relationship is over. His personal property consists of clothing, wall hangings, tools, several bins of personal effects, etc. which take up space in my garage and my house. If he refuses to move his property after so much time am I legally able to remove it or store it elsewhere?


Asked on 4/25/04, 8:47 pm

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Personal property left behind

Assuming that by "your house" you mean that you are the sole leaseholder or property owner, you have no obligation to store your ex's belongings. Indeed, you could charge him reasonable storage fees.

I wouldn't recommend taking his belongings to his new home, judging by the level of hostility between you - or at least on his part. He could call the police re trespassing (the notion of filing suit is ridiculous), and even if nothing came of it, the situation would be unpleasant and could potentially turn violent.

You should give him written notice of the opportunity to collect his things (e.g. providing a specific time and date), and informing him that you will donate his things to charity by x date if he does not collect them before-hand.

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Answered on 4/26/04, 12:23 pm


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