Abandoned Personal Property

[ucf]

What is the name of your state (FLORIDA)?

I hope i am posting this in the right section.

I had a friend store some items on MY property (over a year ago). This person was never a tenant in any way shape or form. I asked the property be removed multiple times via Text and Verbally.

The items are still on my property. I do not want to contact the person further (shouldn't be my responsibility) and the person has never tried to make arrangements to pick up these items.

Can I donate these items to charity without liability? What is the definition of abandoned? Is there a minimum amount of time I need to wait before doing this? If so from what point is the time measured, last contact? I would put the total value at around $500 and I have not been able to find state statutes relating to this that do not mention the property being a tenants.

thanks for anyones help

 

[BOR]

This is "probably" known as a "gratuitous bailment". Start some research there and see what you come up with.

 

[ucf]

This is "probably" known as a "gratuitous bailment". Start some research there and see what you come up with.

Thanks for the suggestion.

My only issue with gratuitous bailment is that it usually refers to a paid service being provided. I was never paid for the storage (only burdened with it being in my way) and I never gave any assurances that I would safeguard or be responsible for it in any way. In fact, I told the person (verbally) that he would be responsible for it since I was gone a lot and I didn't want him trying to make a claim against my homeowners insurance for it.

Let me know if you read it a different way since an no lawyer...

 

[BOR]

Thanks for the suggestion.

My only issue with gratuitous bailment is that it usually refers to a paid service being provided. I was never paid for the storage (only burdened with it being in my way) and I never gave any assurances that I would safeguard or be responsible for it in any way. In fact, I told the person (verbally) that he would be responsible for it since I was gone a lot and I didn't want him trying to make a claim against my homeowners insurance for it.

Let me know if you read it a different way since an no lawyer...

I'm not a lawyer either. You did not have to be paid, gratuitous means without compensation, a favor, if you will.

Try researching GB for Florida online. If not, a visit to a law library where they have FL case law may be in order, a law school library of a nearby University.

Ask where you can find some FL case law on bailments. West digests usually publish them for the states, maybe in FL Jurisprudence.

A GB usually only requires "slight care" in it's hold.

 

[Banned_Princess]

There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee.

A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties. A bailment for the repair of an item is a bailment for mutual benefit when the bailee receives a fee in exchange for his or her work.

A bailor receives the sole benefit from a bailment when a bailee acts gratuitously—for example, if a restaurant, a bailee, provides an attended coat room free of charge to its customers, the bailors. By virtue of the terms of the bailment, the bailee agrees to act without any expectation of compensation.

A bailment is created for the sole benefit of the bailee when both parties agree the property temporarily in the bailee's custody is to be used to his or her own advantage without giving anything to the bailor in return. The loan of a book from a library is a bailment for the sole benefit of the bailee.

I suggest you send certified notices to the owner of such property that they have 30 days to remove belongings. Then another in 15 days and a third FINAL NOTICE. 1 week before.

Keep proof of your diligent effort to notify owner.

Thats my suggestion.

and "gratuitous bailment" in which there is no payment, but the bailee is still responsible.

There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation.

When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence

Take that as you want to.