roommate suing in small claims

[jessieusa]

What is the name of your state? California

I rented a house and got a roommate. After a few months he moved out. He left behind some belongings in the garage. 9 months later I cleaned the garage (flooding and water damage forced a big clean up) and I gave it to Charity because I never heard a word from him since he left. Now he has come back looking for his stuff. I gave him what I had left of his, but the clothing I gave away.

He told me he was moving to Mexico and left absolutely no information or forwarding address. He now wants to sue for loss of property, but as far as I'm concerned he abandoned his belongings. I never agreed verbally or in writing to allowing him to store his belongings under my care. There is public storage facilities for that!! He has already filed for a court hearing which is in July.

My court date interferes with a vaccation I had planned, but now I have to cancel. I will now have to miss work, it's making me stressed and I'm having to spend a lot of time figuring out if he even has a case. I don't believe he is in the right and I want to know if I can counter sue for damages. People cannot go around taking people to court for such things, can they?

 

[lwpat]

"My court date interferes with a vaccation I had planned."

You can ask for a continuance based on longstanding plans to be out of town. It will be up to the court whether or not to grant a delay.

" People cannot go around taking people to court for such things, can they?"

This is America. We have more lawyers than all the rest of the world combined. What would they all do if we restricted lawsuits to only those that made sense?

"9 months later I cleaned the garage"

You need to research the law in CA regarding abandoned property.


"(flooding and water damage forced a big clean up)"

If the articles were damaged because of a storm or other accident then it would have been his responsibility to have had renter's insurance. He has to prove damages and the amount of those damages. If the articles had been ruined then they were of no value and the fact you disposed of them is of no consequence.
This defense would not work if the damage was due to your negligence.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I rented a house and got a roommate. After a few months he moved out. He left behind some belongings in the garage. 9 months later I cleaned the garage (flooding and water damage forced a big clean up) and I gave it to Charity because I never heard a word from him since he left. Now he has come back looking for his stuff. I gave him what I had left of his, but the clothing I gave away.

He told me he was moving to Mexico and left absolutely no information or forwarding address. He now wants to sue for loss of property, but as far as I'm concerned he abandoned his belongings. I never agreed verbally or in writing to allowing him to store his belongings under my care. There is public storage facilities for that!! He has already filed for a court hearing which is in July.

My court date interferes with a vaccation I had planned, but now I have to cancel. I will now have to miss work, it's making me stressed and I'm having to spend a lot of time figuring out if he even has a case. I don't believe he is in the right and I want to know if I can counter sue for damages. People cannot go around taking people to court for such things, can they?

=======================================

My response:

Okay, now for the actual California law - - the law that protects you, and will allow you to win your case.

If it appears that property left behind has been abandoned, the landlord may dispose of it pursuant to Ca Civil § 1980 et seq. (Ca Civ Pro §§ 715.030, 1174(f)-(m)).

All you need to do is ask him, in trial, the date that he moved, and the date he came back. Also, ask him if he left you a forwarding address so that you could send him "Notice of Abandonment."

Once he answers those questions the way you and I think he's going to answer, he's a "gonner." Case closed. Judgment for defendant (you).

IAAL

 

[jessieusa]

thank you for your reply, but his posessions were not damaged in the flood.

It was only when i was cleaning up after it, that I found his boxes of clothes. What is reasonable time for abandoned property?? I have tried to research this as you suggested, but I must say internet searches are extremely complicated as they bring a lot of information that is not relevant to this area, and also I am not sure under which catagory this is relevant, to get the required Code information.

Can you help me to narrow my search a little?? As a sublessor I believe I am catagorised "landlord" and while I endeavoured to reach him regarding his stuff a long time ago, I had no number, forwarding info, mutual contacts or any way of letting him know he needs to retreive his stuff. Like I said before, I gave him up for gone, and presumed he did the same thing with his own posessions.

 

[jessieusa]

Oh, thank you Always Liable... sorry, did not see your post until I sent my reply. I appreciate your help you are quite right. I had hoped it would be that simple.

Much much appreciated!!

 

[I AM ALWAYS LIABLE]

thank you for your reply, but his posessions were not damaged in the flood.

It was only when i was cleaning up after it, that I found his boxes of clothes. What is reasonable time for abandoned property?? I have tried to research this as you suggested, but I must say internet searches are extremely complicated as they bring a lot of information that is not relevant to this area, and also I am not sure under which catagory this is relevant, to get the required Code information.

Can you help me to narrow my search a little?? As a sublessor I believe I am catagorised "landlord" and while I endeavoured to reach him regarding his stuff a long time ago, I had no number, forwarding info, mutual contacts or any way of letting him know he needs to retreive his stuff. Like I said before, I gave him up for gone, and presumed he did the same thing with his own posessions.

My response:

Sweetheart, you worry too much. Stop it! You're going to win!

All you have to do is tell the judge what you've told us. That's it.

Here's the web site for California Statutes - -

http://www.leginfo.ca.gov/calaw.html

IAAL