View Full Version : Family member moved out
jenisme1995
Mar 18, 2007, 09:41 PM
Hi I am not sure how to proceed with my current dilemma. My uncle and his daughter moved out and got an apartment, but left belongings behind. He refused to give the house keys back until he said he got his belongings. He refuses to forward his mail, and I took it upon myself to move his and his daughter's belongings onto my enclosed porch where it has sat since the end of January of this year. I probably should mention that they moved out August of 2006. I am also in the middle of a divorce and am trying to sell my house before the bank foreclosing on my house as I am going through a very ugly divorce as well. So, I wrote my uncle a letter letting him know that as of Janurary24,2007 he had until March1,2007 to get his belongings off my property and return his keys so I can change the locks. He was coming into my house while I was out of town or at work. He still hasn't gotten his belongings and I am really tired of feeling like my house is a storage facility. So, I am wondering what I can legally do if he doesn't remove his stuff off my property. Thanks for your help in advance.
RubyPitbull
Mar 21, 2007, 09:44 AM
I noticed that your question remained unanswered and did not want you to feel ignored. I am not a legal expert and someone else may stop by to weigh in on this and give additional advice after my response brings your question back to the front of the forum. If no one else on this web site has any additional comments, suggestions or tells me that I am out of my mind, then it is a safe assumption that what I am about to suggest is legal and should protect you.
You have been more than fair regarding the time frame. Since you have moved his belongings to your porch, I would suggest you change all the locks immediately. If the house is not in his name and it is in yours, you have every right to change the locks. I personally would not wait around allowing someone to enter and leave my home any time they felt like it.
You have already written him a letter. Did you send it certified, return receipt requested? If not, I would suggest sending him another one, stating that this is a follow up and you have not received a response. State in the letter that you have been more than fair with the time frame and if he does not remove his belongings within 10 days of the date of the letter, that you will have no alternative but to discard his belongings. Send that certified, return receipt requested. If he does not show up and take his belongings, follow through and get rid of his stuff. I do not know the state in which you live but if he left your house in August, refused to return the keys until he could pick up his belongings, he has had more than ample time to do both. You have made numerous requests, he has not returned your keys, if he is not paying for storage or rent, then you are past your legal obligation to him. Just keep in mind, he can always sue you for the return of his property or what he feels his property is worth. But, if you have protected yourself with enough requests in writing and have proof (certified receipt) that he received your letter, he won't get too far with a judge.
If you feel uncomfortable about dumping his stuff, pay for the rental of a storage facility for one month under his name, move his stuff in there. Then, write him a letter and let him know what you have done. Tell him if he wants his stuff, he will have to remove it from the facitility (give the name, exact address and phone number) and "enclosed please find the key to storage room #___. It is now entirely in your hands. " Tell him if he doesn't want to pick up his stuff, then he can pay for storage. If he doesn't want to do either, the storage facility will in all likelihood auction off his possessions. In any event, it is entirely up to him and you are relinquishing any responsibility to his property. Send that certified (remember to include the key), return receipt requested. That would most certainly protect you from a legal standpoint.
Fr_Chuck
Mar 21, 2007, 01:43 PM
Yes, First I would have already changed the locks, That is first thing to do, since they could copy keys all day.
Next I would go with a 30 day notice to pick up their belongings, but the storage idea is not bad either.
jenisme1995
Mar 21, 2007, 08:36 PM
I live in Ohio and in January 2007 when I gave him the letter I got my keys back and changed the locks the next day thanks for all info you all have offered.
RubyPitbull
Mar 21, 2007, 08:41 PM
You are welcome Jenisme. It wasn't clear that you changed the locks but I am glad, for your sake, that you did that. Regarding his mail, which I overlooked, if you have his new address, you should go to the post office and fill out the form to have it changed. If they give you a hard time because it is not his signature, they should be able to allow you to stop the mail coming to your house and have it held at the post office. You can include that you have done this, in your letter to him.
Good Luck! :)