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Nobody has benefits anymore, so we're offering up the one resource we all have: other people's mothers. Each week a staff mom (nurse, guidance counselor, lawyer and shrink) will answer one of your questions. This week, it's legal Q&A with Julieanne's Mom the Lawyer.My crazy roommate ran off to Europe and left everything -- including her cat -- in the apartment. Before she left, she assured me that a friend would be by for her things. Two weeks later, no one had come to claim the stuff, and I had officially become the cat's mom. I was fed up and annoyed, and I told people that they could take whatever of hers they wanted. A week later, her friend finally arrived and picked up her junk. She found out I gave away some things and threatened to sue. Does she have a case?
Julieanne's Mom says:
"The legal concept you're talking about is 'abandonment of personal property.' The law varies by state, and it makes a difference whether the relationship is between roommates, a landlord and a tenant, a sub-letter, etc.
Click here for how to deal.
"Clearly, you're not obligated by law to be anyone's personal U-Store-It.
"But here's where it gets tricky. If she truly abandoned her junk, it's free for the taking (or the dumping). In your case, however, your ex-roomie expressly stated that someone would be coming by for her property. Granted, not on your timetable, but it occurred nonetheless.
"What you should have done was send a certified letter to her (and any friends or relatives likely to still be in touch with her) notifying her of a reasonable date by which to clear out her stuff. Here's where you went wrong: Legally, two weeks is not enough notice in most states, and she can't meet a deadline if she hasn't been given one.
"There's an upside, though: the cat. Taking on someone's pet requires responsibility, effort and money (litter, food, catnip). In the event you end up in a small claims court, you'd have the legal right to counterclaim for the cost of the kitty's room and board."
Julieanne's Mom the Lawyer is a trial attorney in Cleveland, Ohio. She specializes in personal injury, discrimination and employment law, and is the owner of the world's dumbest German Shepherd.
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