Abandoned Property

[WarrantSeeker]

What is the name of your state (only U.S. law)? Alabama
I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there, and I said yes. I moved out a month later and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him?

 

[Gail in Georgia]

After all this time, is your former roommate willing to reimburse you for the cost of storing, caring for and moving this property when you moved out? Is he willing to pay for the cost of you shipping it back to him?

Such fees may cost him more than the worth of the property.

Gail

 

[BL]

What is the name of your state (only U.S. law)? Alabama
I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there, and I said yes. I moved out a month later and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him?

I'm can't say how landlords are required to handle tenant belongings left behind after tenant vacates the property, but Say you did your X room-mate a favor by not leaving it behind.

If the X room-mate wants their property , tell him/her to pick it up at a agreed date & time , or pay you the cost upfront to ship it plus your labor and time ( unless you're nice guy ),after you find out what the actual cost is - including boxing it up ,hauling it to the shipper - hauling it back home to let him/her know the cost - hauling it back for shipment after receiving valid payment . No personal checks ,etc.

 

[Searchertwin]

What is the name of your state (only U.S. law)? Alabama
I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there, and I said yes. I moved out a month later and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him?

If there was something of value to him, like personal pictures, than send it back to him c.o.d.

Can I be held criminally liable?

No. ALA CODE � 35-9A-423 : Alabama Code - Section 35-9A-423: Remedies for Absence, Nonuse and Abandonment

(d) If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant's property in the unit and may dispose of it without obligation.

Do I need to send it back to him?

Would you want your stuff back? Of course, you would. Granted, he didn't want it for six months, but now he does and according to you, you still have it.

Send him a letter or call him, telling him that you will send him his stuff and how much it will cost you to send. If you want to add storage fees, than you have that right, but apparently, it didn't bother you that much and you probable used the stuff. So think about that before you respond.
Indicate that according to the site, you could have disposed of the items, but you didn't. If they are a little used, tell him, and that you will not pay for any repairs if needed or whatever the items are. But you have no problem in returning the items "as is".

Treat this situation like you would want to be treated.

 

[WarrantSeeker]

Op

This is the OP. He has threatened to file a police report for stolen property. On a side note, he still owes me money for utilities, which it took him seven months to make a payment on. Should I be worried?

 

[BL]

This is the OP. He has threatened to file a police report for stolen property. On a side note, he still owes me money for utilities, which it took him seven months to make a payment on. Should I be worried?

Possibly.

Well then gather up his belongings and send them to him.

The property becomes a landlords after abandonment.

Unless you could obtain a statement by the landlord giving you the OK to take those belongings after the abandonment period, it could be considered theft by you.

How does he owe you for utilities if you were on separate leases ?

 

[WarrantSeeker]

Op

We were responsible for the utilities, not the landlord. As a courtesy, I put the utilities in my name and paid them every month.

 

[Gail in Georgia]

There's a possible bright side to all of this.

Ask him for his address so you can mail him his property (he gets to pay the shipping).

You'll then have his address where you can serve him when you sue him for what he owes you for these utility bills.

Often lawsuits don't get started because the one doing the suing hasn't an address on where to have the person they wish to sue served. This is an excellent way to get this information.

Gail

 

[BL]

I would just mention the abandonment Law for Landlords and tell him ,if it were not for you taking along his belongings when you vacated, they'd be history.

 

[WarrantSeeker]

Op

I don't want to go through the trouble of suing him. I want him to go away. I don't even live in Alabama anymore. I don't want a warrant issued for my arrest. I was considering making a monetary offer for the property, but since he has brought the police into the discussion, I don't even want to acknowledge that I have it now.

 

[BL]

I don't want to go through the trouble of suing him. I want him to go away. I don't even live in Alabama anymore. I don't want a warrant issued for my arrest. I was considering making a monetary offer for the property, but since he has brought the police into the discussion, I don't even want to acknowledge that I have it now.

Have you actually acknowledged that you took the belongings with you on move out?

If not tell him you left them there when you moved. It's between him and the landlord and cease and desist contact with you.

You say you told him his belongings were still there while living there.

 

[WarrantSeeker]

Op

I'm exercising my right to remain silent.

 

[Searchertwin]

I don't want to go through the trouble of suing him. I want him to go away. I don't even live in Alabama anymore. I don't want a warrant issued for my arrest. I was considering making a monetary offer for the property, but since he has brought the police into the discussion, I don't even want to acknowledge that I have it now.

This is what is called a scare tactic. And it is working. You already told him you had the property, no need to lie about it. Lying will just make the web grow bigger. Besides, it narrows down that you would be a liar, anyway you look at it. Plus being a thief for keeping the property.
Two commandants broken.

We were responsible for the utilities, not the landlord. As a courtesy, I put the utilities in my name and paid them every month.

Since you put the bills in your name, it comes down to that you are the only one liable for the bill.
You could ask him for his share, but I doubt that he will cough if up.


My advice again, �Send him a letter or call him, telling him that you will send him his stuff and how much it will cost you to send. If you want to add storage fees, than you have that right, but apparently, it didn't bother you that much and you probable used the stuff. So think about that before you respond.

Indicate that according to the site, the LL , (I put you instead and that was incorrect), could have disposed of the items, but you didn't. If they are a little used, tell him, and that you will not pay for any repairs if needed or whatever the items are. But you have no problem in returning the items "as is".
Also indicate that since it has been over 6 months, and there was no communication about the property, you assume he abandon it. I believe the court will wonder why he waited so long in doing this.
Suggest that he owes you for part of the utility. If this was an agreement between the two and see if he wants to call it even, or what? Let him decide. But, the same applies to you, it has been 6 months without asking for his share.

He can make a police report, but again, 6 months down the road, how seriously will that be taken in court? The key words here is 6 months, and no communication.

 

[Gail in Georgia]

" I don't want to go through the trouble of suing him. "

Well then, quit whining that he owes you for utility bills.

"I'm exercising my right to remain silent. "

Which you probably should have done before you posting on the Internet that you took his stuff when you moved out.

Gail