West Palm Beach, FL asked in Contracts and Landlord - Tenant for Florida

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.

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1 Lawyer Answer

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.

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