How Do I Get Someone to Remove Their Belongings From My Property?

by | Jul 25, 2016 | Ask the Lawyer | 0 comments

Question asked on Aug 21st, 2015

Q: I allowed a relative to temporarily store his household belongings in my garage. A year has passed, I’ve told him he needs to move it but to no avail. What can I do?

A:There is not much in the way of “black letter law” as to such matters.  Of course, if there was some formal agreement, bailment, contract, etc., between you and your relative, the terms of that agreement would be pretty important.  In the more normal situation of a “he said/she said” as to what either of you said or intended a year ago, I can express very little of an opinion.  The way this usually plays out is a disagreement as to what those terms and conditions were.

I would send written notice that the stuff has to be removed, and give a due date (keep a copy of the letter), informing the relative that if it isn’t, you will be depositing it into a storage locker at XXX place, at his/her expense (ditto on the moving costs, if you have to hire someone).  Then have it moved, put the storage unit in your relative’s name, and tell him or her how to get the key to the lock.

Frequently Asked Questions

How do I get someone to remove their belongings from my property?
Send written notice that the items must be removed by a specific date, keep a copy of the letter, and state that if they are not removed you will move them into a storage locker at a named location at the owner’s expense, including any moving costs. If the deadline passes, have the items moved, put the storage unit in the owner’s name, and tell the owner how to get the key. That ends your responsibility for the property.
Is there a Nevada law that says how long someone can leave their stuff at my house?
There is very little black letter law on this situation. If there was a formal agreement, bailment or contract about the storage, its terms would be the most important thing; in the more common case where each side remembers the conversation differently, the dispute usually comes down to what the terms were supposed to be. Because no statute sets a timeline, the practical answer is to create one yourself with a dated written demand and a reasonable deadline.
Can I charge a relative or friend for storing or moving the belongings they left with me?
You can tell the owner in your written notice that storage and moving will be at his or her expense, and then put the storage unit in that person’s name so the ongoing rental is their obligation. Whether you can recover money you already spent depends on whatever agreement existed and on how clearly you documented the demand. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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