Legal Question in Real Estate Law in Montana

My girlfriend moved out a month and a half ago. She will not move her stuff out. How long do I have to keep it for and how can I get rid of it without being sued?

Asked on 9/11/09, 9:34 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Seems to me this is more a personal property issue than a real estate issue. You can do one or two things that shift responsibility of former girlfriend's personal property to her:

The gracious thing is to send a note (and keep a copy), saying you want her to remove her belongings by a date certain. If she doesn't have room for it, you are willing to pay half the first month's rent on a storage unit. You will have her belongings available at the end of your drive on a date certain, either after work or on a Saturday if she left so much stuff that it will take more than a short time. You could be so gallant as to help load the sofa. Whatever you do, when you set her belongings out, protect them from drive-by shoppers and the weather.

If she fails to show up, or calls you and says no, you broke up with me, so I will come get them when it's convenient for me, then:

-- Notify her by certified mail return receipt or delivery confirmation, that you will clear out her belongings. Alternatively, a process server serve can serve it for about $50.

-- Do this well before you intend to take action, e.g., set the time limit as far out as three weeks from the day you send the letter.

-- Advise that you will leave her personal property at the end of the drive two days before the regularly scheduled trash pick-up day. Specifically, you will set it out Tuesday, Octobre 14 at 5:30 pm (or 30 minutes after she gets off work). Alternatively, Saturday October 10, at 9:00 a.m. if she has a lot of big furniture.

-- If she wants any of her belongings, she can come get them any time weekday evening, or before noon on the Saturday because ...

-- You contacted Goodwill and Salvation Army so, on October 15th, they will come get what they want.

-- After Goodwill and Salvation Army leave On October 15th, you will post a Free! sign on what's left.

-- On October 16th, the sanitation guys will pick up the rest. They come around 8:45 am (or whatever).

Keep the return receipt. You can track delivery confirmation on your computer. Keep the printout.

Read more
Answered on 9/21/09, 4:48 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in Montana