Ex-partner's belongings in my appartment

[yukiko12345]

What is the name of your state (only U.S. law)? California

Hi Team,

I have broken up with my boyfriend of three years two months ago. Upon termination of our relationship he has moved out of my apartment which I am currently leasing in California. The lease is on my name.

My ex-partner left a lot of his personal belongings & belongings related to his startup idea (which has never succeeded) in my apartment. My apartment is a very small place, which I am sharing with my two young children. Effectively,my apartment has become an ongoing storage solution for my Ex:
(a) His stuff obstruct the pathway between kitchen & living room.
(b) most of the wardrobe space in my son's room & in the room itself are occupied by my ex's clothes & some boxes.
(c) Most of the kitchen is full of boxes, so it makes it hard to move around

All requests to my Ex (via email) to clear his belongings from my apartment went unanswered, ie.: ignored. I do not know what to do. I want to make sure I act rationally and wanted to ask for an expert's opinion.

Thank you,
Yukiko

 

[FarmerJ]

Send to him a certified letter either his new address or the last known address he had the one he shared with you and in the letter tell him that he has ( 30 days ? ) to come and get his things or you will dispose of them . do your self a favor and do inventory his things say with alot of pictures and keep them safe, if he did give the post office a change of address and he refuses to pick up his certified mail then it will come back to you , you must leave it sealed in the original envelope and save it with your postal receipt and your copy of the letter so if you ended up in court being sued for getting rid of his things you can defend by offering to the court the sealed intact original letter and your certified reciepts where he will have the chance to explain to the court why he didnt change address or did and refused to pick up his mail.

 

[yukiko12345]

Send to him a certified letter either his new address or the last known address he had the one he shared with you and in the letter tell him that he has ( 30 days ? ) to come and get his things or you will dispose of them . do your self a favor and do inventory his things say with alot of pictures and keep them safe, if he did give the post office a change of address and he refuses to pick up his certified mail then it will come back to you , you must leave it sealed in the original envelope and save it with your postal receipt and your copy of the letter so if you ended up in court being sued for getting rid of his things you can defend by offering to the court the sealed intact original letter and your certified reciepts where he will have the chance to explain to the court why he didnt change address or did and refused to pick up his mail.

Hi,
Thank you for your reply. I do have his active PO box. Can you please elaborate what is "certified letter" and where or who do I talk to in order to get one?

Regards,
Yukiko

 

[yukiko12345]

Send to him a certified letter either his new address or the last known address he had the one he shared with you and in the letter tell him that he has ( 30 days ? ) to come and get his things or you will dispose of them . do your self a favor and do inventory his things say with alot of pictures and keep them safe, if he did give the post office a change of address and he refuses to pick up his certified mail then it will come back to you , you must leave it sealed in the original envelope and save it with your postal receipt and your copy of the letter so if you ended up in court being sued for getting rid of his things you can defend by offering to the court the sealed intact original letter and your certified reciepts where he will have the chance to explain to the court why he didnt change address or did and refused to pick up his mail.

One more:
Is there a difference in a way that I will choose to get rid of his stuff, ie: donating VS throwing to the garbage? Also, if I would choose to dispose of his stuff, what good that inventory/catalog will do (apart from the fact that he cannot say he had more stuff than was in reality)?

Thanks

 

[yukiko12345]

Send to him a certified letter

You mean registered mail? The word "certified" confuses me as I think I need to go to notary office or lawyer for this


Thanks

 

[STEPHAN]

The best is to write the letter, make a copy and send of the original registered mail return receipt. Have a friend watch you put it in the envelope and send it off. Have him confirm in writing on the copy what was done. Again if it comes back, do NOT open it.

 

[quincy]

You mean registered mail? The word "certified" confuses me as I think I need to go to notary office or lawyer for this


Thanks

From the USPS*, "certified mail is a special service that provides a sender with a mailing receipt and, upon request, electronic verification that an article was delivered or a delivery attempt was made. A fee is charged for this service in addition to the postage. Customers may obtain a delivery record by purchasing a return receipt service at the time of mailing ..."

Again from the USPS, "registered mail is a special service by which, through a system of receipts, USPS monitors the movement of the mail from point of acceptance to delivery. Sender receives a receipt at the time of mailing and a delivery record is kept." Registered mail is (according to the USPS) the most secure service offered.

You can use certified mail, return receipt requested. Mail a notice of "belief of abandonment" to the last known address. Allow at least 18 days for a response. See California Civil Code 1951.2 for California's meaning of abandoned property.

I agree with FarmerJ that making a list of the property left behind, and taking photos of this property if possible, and keeping a copy of the notice you sent, is the best way to have evidence in case your ex-boyfriend challenges the disposal of his property after he has been notified that it will be considered abandoned after X amount of days and you dispose of it after X amount of days.

You can have an attorney in your area advise you if you want to go to that expense.



*http://about.usps.com/publications/pub32/pub32_terms.htm

 

[yukiko12345]

Thank you all for your replies. I see what I have to do at this stage.
I was not sure how to write such letter, and asked my beloved son who downloaded some template for me from the internet. Do you think it looks fine?


30 Day Notice to Claim Abandoned Property
===========================

To: <EX NAME>

When you vacated the premises at <MY ADDRESS> on the <DATE HE MOVED OUT>, the following property remained at the aforementioned address: <DESCRIPTION OF BELONGINGS>

If you own any of the aforementioned property, you may claim it at <MY ADDRESS>.
Based upon this notice, you are hereby notified that if you make no reasonable effort to recover any of the aforementioned property to which you are entitled not later than 30 THIRTY days from the date this notice is deposited in the mail, the aforementioned property may be destroyed or otherwise disposed of some or all of this property.

If I choose to store the aforementioned property, you must pay me for the cost of removal and storage for the period that your abandoned aforementioned property remained under my care, if you wish to reclaim the property.

I, the undersigned, being at least 18 years of age, declare that I mailed this notice, of which this is a true copy, to <EX NAME> in the manner indicated below:

On _______________, I deposited a true copy in the <NEAREST POST OFFICE ADDRESS>, in a sealed envelope with postage fully prepaid, addressed to <EX NAME> at <EX ADDRESS>

(followed by dates and signature)

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


Warm regards,
Yukiko

 

[quincy]

Thank you all for your replies. I see what I have to do at this stage.
I was not sure how to write such letter, and asked my beloved son who downloaded some template for me from the internet. Do you think it looks fine?


30 Day Notice to Claim Abandoned Property
===========================

To: <EX NAME>

When you vacated the premises at <MY ADDRESS> on the <DATE HE MOVED OUT>, the following property remained at the aforementioned address: <DESCRIPTION OF BELONGINGS>

If you own any of the aforementioned property, you may claim it at <MY ADDRESS>.
Based upon this notice, you are hereby notified that if you make no reasonable effort to recover any of the aforementioned property to which you are entitled not later than 30 THIRTY days from the date this notice is deposited in the mail, the aforementioned property may be destroyed or otherwise disposed of some or all of this property.

If I choose to store the aforementioned property, you must pay me for the cost of removal and storage for the period that your abandoned aforementioned property remained under my care, if you wish to reclaim the property.

I, the undersigned, being at least 18 years of age, declare that I mailed this notice, of which this is a true copy, to <EX NAME> in the manner indicated below:

On _______________, I deposited a true copy in the <NEAREST POST OFFICE ADDRESS>, in a sealed envelope with postage fully prepaid, addressed to <EX NAME> at <EX ADDRESS>

(followed by dates and signature)

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


Warm regards,
Yukiko

Your son did a good job of locating a template that appears to nicely meets your needs.

I hope you will soon no longer have your ex-boyfriend's belongings cluttering your residence. Good luck.