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-   -   My brother moved out but his stuff is still here. (https://www.askmehelpdesk.com/showthread.php?t=194770)

  • Mar 15, 2008, 12:18 AM
    mellymel1222
    My brother moved out but his stuff is still here.
    How long do I have to keep it before throwing it out? He's threatening to sue if I do because as fast as he moved in to his NEW place he's ALREADY getting evicted. (He just moved in last week!) He thinks he's coming back here because he has a key! I don't WANT him back here, and I'd like to change my locks and throw his stuff out but he's threatening to sue if I do! He still has mail that comes here... He was never evicted from my place but I DID tell him for months that he needed to go! He's violent, doesn't work and had the nerve to move in his EX and their kid without even asking! She left him, YET again, after they found a place, put the money down, and now he thinks he can come back! What can I do? I'm in Columbus Ohio, and ANY help would be appreciated! :eek: :confused: :eek:
  • Mar 15, 2008, 12:40 AM
    starbuck8
    Call the police! Tell them that he is violent and you don't feel safe. Change your locks and deal with his threats of suing you later. Your safety should come first!
  • Mar 15, 2008, 01:22 AM
    mellymel1222
    Well, I DO have someone coming over today to change the locks. I'm not going to lie, I do fear my safety. He has a felony record for assault, domestic violence receiving stolen property, etc... It's just he lived here before and we had to go the legal eviction route. Dumb as I was he's family and I let him back. (3 years later) and I have enough to worry about without his added "Dumbassness" is what I like to call it! He was given until LAST weekend to get his stuff, and there is a hide a bed in the living room that's been there for 3 weeks STANDING BY THE DOOR ON ITS SIDE and I want it out of the living room! I just need to know if there would be any legal ramifications if I throw it out?
  • Mar 15, 2008, 01:37 AM
    starbuck8
    Well, as far as the legal ramifications where you live, I can't comment on really. I know a few things about landlord/tenant rules where I live, but if you don't have a lease or any kind of agreement that is signed, I can't see why putting his things out in the yard and giving him sufficient notice (48 hrs or so) and maybe putting a tarp or some plastic over his hide-a-bed to protect his belongings, would be illegal in any way. As long as you took sufficient steps to give him a warning to leave and adequate measures to protect his property in the time given, I don't think a judge would fault you. I would make sure to call the cops, if only to have a paper trail of what he is like and the reasons you don't want him back in your home. Then tell them you will be putting his things out for him to collect in 48 hrs or so, and see what they have to tell you. Make sure you get it all in black and white, so if for some reason you DO have to go to court, that you have some back-up in that respect!
  • Mar 15, 2008, 04:35 AM
    cdad
    If he moved out and took up residence in another place then he did so on his own accord. I don't think you need to evict someone who has already moved. As far as his stuff goes to avoid any lawsuit you might think about getting a storage unit for a short period. You really need to talk to a lawyer about what the local time frame is for doing things. If you keep his things for 90 days ( 3 months ) and he doesn't inquire about it then you should be able to get rid of it. If he dioes ask for it be sure to use a combonation lock on the storage space and tell him where it is and the combonation to it. That way if he wants his stuff he doesn't have to enter your home to get it. If he doesn't want it then you might post a garage sale sign at the storage place with the owners permission and sell what's there to recover your losses and any overages give to charity ( like a battered women's shelter ). Good Luck and again check with a lawyer before getting rid of his stuff.
  • Mar 15, 2008, 04:39 AM
    s_cianci
    Change the locks. Then give him a written request to come and get his belongings. Set a definite time and date. Inform him that after 180 days you will dispose of any unclaimed property at your discretion. Generally after 6 months property is legally considered abandoned so if he did try to sue you he wouldn't have a leg to stand on.
  • Mar 15, 2008, 07:07 AM
    excon
    Hello:

    I agree with Caldad. IF you HAD a landlord/tenant relationship, it ENDED when he moved. ABSOLUTELY, change the locks.

    You have no legal obligation to store his belongings once he has moved. I'd throw 'em away. I doubt very seriously if you'd lose a lawsuit against you for the cost, since the cost of a used daybed is maybe $1.50 at your local thrift store. Plus, I doubt he has the $50 necessary to sue.

    Nahhh. Change the locks, and get a protective order if you really want to be rid of him

    excon
  • Mar 15, 2008, 07:13 AM
    ScottGem
    I would be a nice sibling and put the stuff in a storage facility in his name, many will give you first month's rent free. Then inform him where it is and send the bill to his last address.

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