<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by klauria:
Two years ago, I signed a rental agreement for a musical instrument. The payment method was to be autobill, where the rental company would automatically bill my credit card every month.
The rental company has never billed me, and I stopped taking music lessons, put the instrument in the closet, and forgot it was there. The rental company just sent me a bill for rental fees covering the past two years. I will return the instrument, but am I responsible for the rental fees? Wasn't it their responsibility to autobill my credit card every month?
Appreciate your advice.<HR></BLOCKQUOTE>
My response:
You already know the answer to your own question. However, I'll go over the finer points for those others who may read this post.
The autobill has nothing to do with the fact that you maintained possession, custody, and control of the instrument. You had a duty to return the instrument, rather than "forget about it" in your closet. It's the same thing when you rent video tapes. All because you're not watching the movie video, doesn't mean the store can't charge you at some point for your prolonged possession of the tape. Otherwise, they would lose money from not being able to re-rent the instrument. It is not their concern whether or not you're actually using the instrument. Only that you kept it from them.
Now you owe two years worth of billing, when you could have returned, and had a duty to return, the instrument and would have been billed for only the time you used the instrument.
You owe the entire amount.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
