Full question:
The house I rent was previously rented by my ex husband. He left a pool table when he moved out. The pool table has been sitting in the basement since 7/07 it is 02/08. The table has been damaged and he wants to hold me accountable. Can he legally do that?
- Category: Civil Actions
- Subcategory: Limitations
- Date:
- State: National
Answer:
The answer depends on how the pool table was left behind. If your ex-husband was evicted through a writ of possession, the table is considered abandoned. In that case, he may not have a claim against you. If he wasn’t evicted, the situation is more complex.
In such cases, it may be necessary to contact your local police department, as laws regarding abandoned property differ by location. The court may need to determine if a bailment was created when the table was left with you. A bailment occurs when someone leaves their property in the care of another person. The person caring for the property is called a bailee.
If the bailment benefits only the bailee, they must exercise extraordinary care. If it benefits both the bailee and the bailor (your ex-husband), the bailee must provide ordinary care. A gratuitous bailee, who is not compensated, only needs to use slight care and is liable only for gross negligence.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.