Q: I live in an apartment. I also rent a garage. I let my daughter live there for a year and then let her leave her stuff
in my garage. that was a year and a half ago. we are now asstranged and i gave her 60 days to move her stuff out. I don't think she is going to do it. she is threatening to take me to civil court if i dispose of it in any way. what are my legal rights to remove her stuff from my garage? what do I need to do?
A:
In California, when dealing with personal property left by another person on your property, there are specific legal steps you must follow. As you have already given your daughter a 60-day notice, it's important to ensure that this notice was given in writing and includes a statement that the property will be considered abandoned if not removed within the specified time frame.
If she fails to remove her belongings within the 60-day period, you can then consider the property abandoned. However, before disposing of or selling the items, you must send a final notice. This notice should inform her of your intent to dispose of or sell the items if she does not claim them within a certain period, typically 15 days after the notice is given.
It's essential to document all these steps carefully, including keeping copies of all notices sent and any responses received. This documentation will be crucial if the matter ends up in court. Also, consider consulting with a local attorney for specific advice and to ensure all legal requirements are met. This approach helps protect your rights while respecting the legal process.
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