Q: My ex packed up her stuff and moved out a year ago. She sent me a demand letter, what are my rights?
My ex girlfriend packed up her stuff and moved out unexpectedly a year ago. I came home from work and she was gone and so I never spoke to her again after that. She then tried to reach out to me 4 months later for her passport but I did not respond. She reached out 2 other times after that and now she sent a demand letter asking for a list of items she’s claiming is at my house. I had planned to give her passport back and a few things that may be there but the others she’s listing, I don’t have it. What are my rights and how can I protect myself in this situation? Is there a timeline for when she can demand for these things? Thanks in advance.
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A:
Under California law, your ex-girlfriend has a right to retrieve her personal belongings from your residence, even after a significant amount of time has passed since she moved out. However, there are a few key points to consider:
1. Timeline: There is no specific deadline for when she must claim her belongings, but the longer she waits, the weaker her claim may become. After a year, her claim is less compelling than if she had requested her items immediately after moving out.
2. Proof of ownership: She must be able to prove that the items she is claiming actually belong to her. If there is a dispute over ownership, she may need to provide receipts, photographs, or other evidence.
3. Reasonableness: You are only obligated to return items that are reasonably believed to be hers. If you don't have certain items she's claiming, you're not required to provide them.
To protect yourself, consider the following steps:
1. Respond to her demand letter in writing, acknowledging receipt and expressing your willingness to return her passport and any other items you have that belong to her.
2. In your response, list the items you have and are willing to return. For items you don't have, state that clearly.
3. Arrange a mutually agreeable time and method for her to retrieve her belongings. You may want to have a neutral third party present during the exchange to avoid any potential conflicts.
4. Keep copies of all correspondence between you and your ex-girlfriend.
If your ex-girlfriend escalates the situation by taking legal action, you may want to consult with an attorney to discuss your options and ensure your rights are protected. However, by being proactive and communicating clearly, you may be able to resolve the issue without legal intervention.
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