jeudi 2 mars 2017

Abandoned Property: Friend Paid Rent to Me, Moved Out, Left Items, Won't Pick Up Belongings

My question involves personal property located in the State of: California

My now "ex-friend" was renting a room from us while she was going to school. After about 4-5months she withdrew from school and moved out. She was unable to take everything with her when she left and said she would be back for them (she lives 8hrs away). Everything that she left was stored in my garage and in the closet of our guest room where she had been staying. After 2months of her being gone, this friend was now mad that she EVER had to pay rent to her best friend for staying at her house and we had a falling out. Her living with us and paying rent was her idea as I have a family because originally she was supposed to live in an apt alone while going to school. A few months had passed by and another friend needed a place to stay and started to rent the room. I informed the ex-friend that all of her belongings would be moved to our garage and since there is a mold issue she would need to get her belongings asap if she didn't want mold growing on them. After repeated text messages to her and her husband about picking up her things (they live in so cal, we live in nor cal), me offering to take her belongings to her aunts about 10min away, me offering to take them to one of their friend's house I was ignored. I even offered to help them sell the bigger items and ship the smaller items to them. I've gone above and beyond for this ex-friend, so I got tired of being nice and decided to research the law on landlord/tenant property laws because her property has been at our house for almost 7 months and since we're not friends I don't want to have anything to do with her or her belongings anymore, plus her stuff is taking up space in my garage. Although she asked to stay with us while in school, she did pay us rent money and it was a verbal agreement for her to live her so I sent her a certified letter citing the CA code and stating she has 35 days to pick up her belonging or she would forfeit ownership. The letter had a copy of the "California Civil Code § 1983 et seq The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed. After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

It's clear she is obviously bitter about paying rent to me, but that was her choice as she didn't have to live here. She knew she would pay more in the economy, so she chose to live with us. Anyway 7mos of free storage is over and I want to make sure I am under the right penal code and sending her a certified letter was the right choice. I already got her signed card back, which she wasn't happy about. I received a text msg when she got it and basically was threatened/warned about the IRS saying she hopes I got my affairs in order because of her paying rent to me...that she has copies of all her checks. I told her I'm pretty sure I'm ok given that I pay about 9-10k in property taxes a yr for my mortgage and that my father in law is a CPA should I have any questions for my tax return.

My question is did I do this under the right civil code? and if so, what exactly do I do with her stuff of March 7th- the after her storage expiration? I know she will start asking me for the money for selling her stuff or something crazy....Seriously. I want to dispose of it how I'm supposed to. Thank you.


Abandoned Property: Friend Paid Rent to Me, Moved Out, Left Items, Won't Pick Up Belongings

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