HELP! What can I do? Need to move!

What is the name of your state? California

Stbx is out of the rental home. I want to move out of the current home but his stuff is still in it. I tried to call him several times with no success. He is refusing to pick up his calls when I call. I have left several msgs about the situation and how I need him to come get his stuff. If he still doesn't budge, what can I do? Some of the stuff are big furniture which I cannot move myself (gigantic tv and gigantic dresser which are his separate property). Can the landlord file an eviction against him? There is already a restraining order against him and which included a move-out order. I don't know what to do with his stuff. I don't want to be liable for any damages either. HELP!

NoLongerBlind said:

What is the name of your state? California

Stbx is out of the rental home. I want to move out of the current home but his stuff is still in it. I tried to call him several times with no success. He is refusing to pick up his calls when I call. I have left several msgs about the situation and how I need him to come get his stuff. If he still doesn't budge, what can I do? Some of the stuff are big furniture which I cannot move myself (gigantic tv and gigantic dresser which are his separate property). Can the landlord file an eviction against him? There is already a restraining order against him and which included a move-out order. I don't know what to do with his stuff. I don't want to be liable for any damages either. HELP!

Click to expand...

Whose name is on the lease? Did the restraining/move-out order include any statements on timing?

Technically, with a restraining order, he can't even come to the place until you're gone. You might move all your stuff out and then send him a certified letter stating that you are no longer residing there, so he is able to go there. (You may have to give him your new address under terms of your restraining order, anyway, but I don't know).

If the lease is in his name, it's not your problem. Just let him know you're gone and the rest is between him and the landlord. If the lease is in your name, you might have to send him a notice with a certain time window to pick up his stuff with a warning that you will have the landlord dispose of everything if it's not picked up by xxxx date. Check with your attorney, though.

no written lease

there is no written lease. it's my brother's house, so it's sort of like a defaulted month to month lease....

shoot, i just looked at the order and the move-out order is not checkmarked. i think b/c at the hearing he said he was no living at the house anymore.

NoLongerBlind said:

there is no written lease. it's my brother's house, so it's sort of like a defaulted month to month lease....

shoot, i just looked at the order and the move-out order is not checkmarked. i think b/c at the hearing he said he was no living at the house anymore.

Click to expand...

This is not legal advice, but what I'd probably do is move all of my stuff out and then have your brother notify him that if he wants his stuff, he has 7 days to get it or it will be sold or discarded. Make sure you can confirm that he received the letter and that he has a reasonable amount of time to move the stuff (if he's overseas, 7 days might not be enough, but if he lives in the same town, it might be).

mistoffolees said:

This is not legal advice, but what I'd probably do is move all of my stuff out and then have your brother notify him that if he wants his stuff, he has 7 days to get it or it will be sold or discarded. Make sure you can confirm that he received the letter and that he has a reasonable amount of time to move the stuff (if he's overseas, 7 days might not be enough, but if he lives in the same town, it might be).

Click to expand...

WRONG! Brother has to formally evict him. If brother just moves the stuff out, discards it or sells it, brother is legally in trouble.

mistoffolees said:

(You may have to give him your new address under terms of your restraining order, anyway, but I don't know).
.

Click to expand...

Why the hell would you give someone you have a restraining order on, your new address?

Grayson said:

Why the hell would you give someone you have a restraining order on, your new address?

Click to expand...

As I said, I don't know how it works, never having been involved with restraining orders, but I was just assuming that if the judge tells someone to stay 500 feet away from someone else that they have to know where they're supposed to stay away from.

Ohiogal said:

WRONG! Brother has to formally evict him. If brother just moves the stuff out, discards it or sells it, brother is legally in trouble.

Click to expand...

I agree, however brother going through the proper eviction steps will probably cause him to get his stuff out sooner rather than later.