I have a small but heavy safe i am presently using to secure my valuables. Then I heard about a safe being stolen from a home by sliding the safe on an area rug right to the car. I'm thinking about hiding my valuables in my apartment central air conditioning vent. I've notified my sister, who is my executor, of the hiding place. Her concern is if there are any legal ramifications in using an apartment's structure for the securing of personal valuables compared to securing them amongst my own personal items. If I died unexpectedly, could said valuables, hidden in the air duct, be considered property of management if management found them? Could the justification for the claim be that the items were found on management property and not found amongst personal items? Does this question need more clarification? Thanks for the opportunity to ask you.
The legal question is really do you control and should you have an expectation that items placed into the HVAC system venting will remain in your control and custody. The answer is probably no. You rent the interior space of the apartment, not the HVAC system. The HVAC system not only belongs to the property owner, but also is under his or her custody, control and is to be maintained by the landlord. As such, I don't believe you can reasonably or legally expect that the HVAC system is under your sole and exclusive control. Aside from the legal reasons, hiding personal property and telling only one person is not a good idea. Should you and your sister pass away at the same time, or within a short time of each other, nobody would necessarily know that the property is in the vents and when they move your property out, the valuables could be left in the vents for the landlord, a contractor or the next tenant to find.
My suggestion is that you either obtain a safety deposit box at a bank, or alternatively, if you concerned about a safe being stolen, then look at means of securing the safe to something which would be difficult if not impossible to move. Given that you do not own the property to make substantial modifications to secure the safe (or even install a floor or wall safe), I would suggest that a bank safety deposit box is your best bet.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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