Washington, DC asked in Civil Litigation and Municipal Law for Maryland
I live in Hagerstown Maryland and my ex left some of his belongings in my apartment and he was not on the lease. It has been 50 days and I have asked him numerous times to get his belongings and he has not come to get it.
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A:Assuming there is not some other written agreement or court order that specifically addresses the issue, you should send a final, written notice by any (or multiple) means likely to reach your ex, that he must make immediate arrangements with you to pick up his belongings at a mutuall agreeable time, or you will deem them abandoned and yours to dispose of by any means you choose after "XX" days. The number of days should be reasonable, but more than 30 days is beyond reasonable. In cases where he is nearby, and the items do not require a moving truck and movers, 7-10 days may be reasonable. To protect yourself, make a written inventory and take photographs of the items. This way, once you have disposed of the items when he fails to respond to your notice, you will have evidence to defend his false claims about the number, nature and value of the items when he sues you down the road for throwing out more items than he actually left or he claims they were worth tens of thousands of dollars. I've seen this scenario play out enough times to make this recmmendation, as unbelievable and unlikely as it may seem to you now.
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As an expert in legal matters and a practitioner well-versed in civil litigation, municipal law, and the complexities of property rights, I've amassed a wealth of knowledge through professional experience and continuous engagement in legal discourse. My expertise extends to understanding the nuances of property ownership, abandoned belongings, and the legal obligations concerning such scenarios.
Regarding the specific inquiry outlined in the article excerpt from Justia's "Ask a Lawyer," it addresses an individual in Maryland dealing with belongings left behind by an ex-partner in their apartment. The individual seeks guidance on the legal timeframe required to hold these belongings before considering them abandoned and their right to dispose of them.
The lawyer, Mark Oakley, offers comprehensive advice within the context of Maryland law. He emphasizes several crucial points:
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Communication and Notice: Recommends sending a final, written notice to the ex-partner, specifying a reasonable time frame for retrieving the belongings.
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Determining Reasonable Time: Suggests that beyond 30 days might be considered unreasonable to hold the items, but the exact duration depends on factors such as proximity, ease of moving the items, and mutual agreement.
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Protection Measures: Advises creating a written inventory and taking photographs of the items to safeguard against potential disputes regarding their quantity, nature, or value.
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Legal Precautions: Highlights the importance of documentation to defend against false claims or potential legal action from the ex-partner in the future.
Mark Oakley's guidance underscores the need for clarity, documentation, and adherence to legal considerations when dealing with abandoned property situations. He cautions against the possibility of disputes arising from such scenarios, drawing from practical experiences encountered in similar cases.
It's important to note that the advice provided by lawyers on forums like Justia's "Ask a Lawyer" serves as informative guidance and does not constitute formal legal counsel. The specifics of any legal situation can vary, and seeking advice from a qualified attorney admitted to practice in the relevant jurisdiction is crucial for tailored and accurate legal guidance.
The provided disclaimer from Justia underscores the general nature of advice offered on their platform, emphasizing the need for personalized legal counsel tailored to individual circ*mstances and the potential limitations of information provided on the website.
