Q: Moving expenses
Back in January I agreed to rent three pods to help a friend vacate her house and move into mine. I rented the pods and had them delivered to my house. It is now March and the pods are still here and still full. I am paying over $500 a month for the pods. She hasn't decided if she wants to stay. Here is my question:
1. Can I legally sell what is in the pods to recoup some of the money I have spent? The rental is in my name and I am paying for them every month.
2 If not, can I take her to small claims court to try to get back the almost $2000 I have been billed?
Any input appreciated.
A: You can certainly bring a small claims action, as there was an oral agreement for your friend to pay the pod rental fees. It would be risky to sell the personal property in the pods as you have no serious legal claim to ownership or any "lien" on those items. However, if you notify the delinquent friend (in writing) and demand that she empty and return the pods by the end of the month -- at risk of your selling the property to satisfy her financial obligation -- a sale would be more defensible, albeit not certain at all to prevail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.