[Nic95403]

I rented out a second bedroom in my Apartment to an acquaintance between September,2007 - January, 2008, at which time he was given thirty days written notice to move out due to alcohol issues.

The former roommate left behind a Rocking Chair that had "sentimental value" to his now ex-wife. He was reminded that he had left it behind shortly after he had moved out and told me that they had forgotten to pack it and did not have a truck now to pick it up. That was in January,2008.

I recently moved into a one bedroom Apartment as of July 3, 2009, and in the process of preparing to move, sold and gave away several items of furniture and paintings that I did not want to take with me or have the space for in my new residence.

A mutual friend and I were asked by this individual's ex-wife to go to her/their house on July 13, 2009 to talk to her former husband who had spent the night on her couch, as a result of continuing alcohol issues too see if he needed any help.

In the course of being there, she remembered that I lived in a two-bedroom Apartment, as a possible place for him to stay temporarily. I promptly stated that I had recently moved. It was at this time that she stated, "Whenever you are done with my Rocking Chair, you can bring it back. I don't want to lose sight of it." This chair was never used the entire time that it was in my Apartment.

I have seen this invidual on a weekly basis for the last 18 months, and never once was I approached about the chair. I was not asked if they could pick it up, or if I could deliver it back to his ex-wife's home, until now.

The kicker is that in the process of moving, I gave this chair to a young couple, where the girl was nine months pregnant and would make actual use out of the chair once the baby was born.

Was I entitled to dispose or sell this Rocking Chair? It had been sitting in my Apartment for eighteen months, taking up space. And with no mention of anyone wanting it back.

I am sure this will come back to bite me, but I considered it abandoned property at that point.

Any advice or input would be appreciated. Thanks.

[this8384]

It may or may not come back to bite you. The right way to do it would have been to send a certified letter telling them that if they did not pick up their belongings in X amount of days, you would dispose of it. But it's too late for that now.

If they're really that upset, they'll take you to small claims for the actual value of the chair; they can't sue you for "sentimental value." You can argue that you had it for nearly a year and they never asked for it back. Odds are the judge will rule in your favor.

Of course, you could always ask the other couple for the chair back. The worst they can do is say no.

[Nic95403]

Thanks. That helps somewhat. It is too late now and it's highly unlikely that the couple that have the chair would want to return it.

I don't know how much a rocking chair would cost at "fair value," but at the same time, it occupied my Apartment storage free for eighteen months. I would hope that if it went to Court (worst scenario), the Court would consider that and allow for consideration of that fact.

[this8384]

Thanks. That helps somewhat. It is too late now and it's highly unlikely that the couple that have the chair would want to return it.

I don't know how much a rocking chair would cost at "fair value," but at the same time, it occupied my Apartment storage free for eighteen months. I would hope that if it went to Court (worst scenario), the Court would consider that and allow for consideration of that fact.

That's why I said that odds are probably on your side. Nothing can be guaranteed, but if they didn't come for it in 18 months, it's somewhat foolish of them to try and tell the judge that it meant so much to them.