QUESTION

WHAT LEGAL STEPS DO I TAKE TO GET MY EX BOYFRIEND TO RERMOVE HIS BELONGINGS FROM MY APARTMENT. I HAVE EMAILED HIM TWICE REQUESTING THAT HE DOES SO.

Asked on Sep 06th, 2011 on Real Estate - Pennsylvania
More details to this question:
HE HAS RESPONDED TO BOTH EMAILS BASICALLY TELLING ME THAT WE WERE IN AN AGREEMENT THAT I WOULD LOOK AFTER HIS BELONGINGS UNTIL HE WAS ABLE TO PICK UP. HE HAS LIVED IN FLORIDA WITH HIS MOTHER FOR 7 MONTHS NOW. HIS USE TO BE AN ATTORNEY, HE IS THREATENING TO TAKE ACTION TOWARDS ME IF i DISPOSE OF HIS ITEMS. IS THERE ANYTHING MY LANDLORD CAN DO TO HELP?
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1 ANSWER

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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There are several issues presented by your inquiry which I will try to address.  First, you indicate that the apartment is yours.  Part of the response to this inquiry would be based on whether your ex boyfriend is named on the lease and whether he has continued to fulfill his responsibilities under the lease, such as paying part of the rent. If that is the case, as long as he is fulfilling his leasehold obligations, arguably he has the right to maintain his belonging on the premises.    Assuming that is not the case, you refer to a possible agreement between you and your ex.  Was this an agreement that he could maintain his belonging at your apartment?  And if so, was there any time limitation to your looking after his belongings.  If there was in fact an agreement without time limitations or if there was not a agreement,  generally a court might impose a "reasonable" period of time.  Seven months is more than reasonable and one suggestion may be for you to provide him with formal notice that you have complied with the agreement, that the agreement did not contemplate an indefinite period of storage, that you have been more than reasonable and understanding, but that he will need to remove his belongings within 30 days.  While there is no guarantee that he won't take legal action, options for dealing with his belongings if he does not timely remove them could be donating them to a charity and sending him the receipt for tax purposes or placing them in storage.  Unless you were willing to pay the storage fees, you could not bind him to do so, although when you provide written notice, you could provide these 2 options and indicate that if he wants them in storage, he will need to make arrangements to move them there and pay for the fees. If you provide him with formal written notice and he takes no action, it would be difficult for him to maintain a claim against you for ultimately removing them from your premises or disposing them.  Otherwise, there is really not anything your landlord can do to help other than perhaps rent your ex a storage locker on the premises if one exists.  I hope that this provides some guidance.  Finally, in answering your inquiry, certain assumptions were made since all of the relevant facts and circumstances were not provided.  Thus, I would further suggest that you consult with an attorney prior to taking any final action who would be able to provide you with more definite legal advise based on the precise nature of the circumstances involved.   Marla D. Sones 
Answered on Nov 17th, 2011 at 8:33 AM

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