abandoned property

What is the name of your state? minnesota
a friend was storing some of his personal property at our house. we are not charging him any money to have the property here. we have tried to contact him to come and remove it. we had to leave him messages due to the fact he would not answer our calls. he did come over and picked up some of his stuff last week and said he would be back the next day to get the rest. we have not been able to contact him again and he will not return our calls. all i want is his stuff out of my house. what can i do to get his property out and not be held liable for it??

[JETX]

Send him a certified RRR letter asking that he make arrangements to remove his property within 10 days of receipt. Include a clause that if he doesn't, it will be considered as 'abandoned' and disposed of without recourse.
Keep copies. Take pictures.

[HomeGuru]

Originally posted by JETX
Send him a certified RRR letter asking that he make arrangements to remove his property within 10 days of receipt. Include a clause that if he doesn't, it will be considered as 'abandoned' and disposed of without recourse.
Keep copies. Take pictures.

**A: and take the crap to the street.

[JETX]

Do NOT "take the crap to the street"!!

Simply, we are only hearing YOUR side of this story and he may have a valid claim against you if you do that. Give him notice and an opportunity to resolve the problem FIRST. If he doesn't handle it, THEN you can take his crap to the street.

[HomeGuru]

Writer, did this friend ever live at the property as a tenant?

[JETX]

With all due respect to my esteemed colleague HG, the issue of tenancy isn't relevant.

What we have here is a 'gratuitous bailment' or 'voluntary bailment' . As such, the custodian (bailee) has a 'slight duty of care'.
A court would likely find "taking the crap to the street" to be a violation of that duty and the writer could be found liable under the tort of conversion to the bailor.

[HomeGuru]

As there was a mutual agreement and a "meeting of the minds" for removal of the possessions, the owner breached the agreement by promising to return the next day to "get the rest" and never did, so all bets are off. There is no continuous bailment and custodianship when the owner refuses to comply with the agreement. And therefore no conversion.

[JETX]

I agree that MIGHT be a finding by a court, but why take ANY legal risk. Especially considering that he could just as easily say that NO SUCH verbal agreement existed.

Simply, write him a letter (certified RRR) demanding that he recover his property with a specific deadline. If he fails, then handle appropriately.

[HomeGuru]

And in court, the writer says "what other stuff? You took everything the last time you were here, remember?"

And yes JETX, you are correct in your approach.

[JETX]

"And in court"
*** My point exactly, why even allow a situation where court could happen?? Try to stop it BEFORE it becomes a court issue.

[HomeGuru]

That's too too much common sense.

this friend never lived or even stayed at our house. as for sending him a RRR letter, we contacted his last roommate and he moved out late last week, to the cities, not leaving a forwarding address. the only way we have to contact him is his cell phone, which he is not answering. to add insult to injury, this same guy is storing a car at my fathers. my dad would like this car removed from his property. no rent is being paid for the storage. the car initially was only to be there for 7 - 10 days, that was 8 months ago!!!! he has not contacted my dad either to respond to this matter. the whole thing is too frustrating!

[stephenk]

maybe the car can mysteriously be parked in the street and then an anonymous phone call can be made to the police to remove an abandoned car. hmmmmmmmm

[JETX]

" not leaving a forwarding address. "
*** And how do you know that?? He could have left one with the post office.
Send the letter.

[HomeGuru]

I like Stephen's idear.