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 the circumstances surrounding the property being left there. If the former tenant was removed by a writ of possession (eviction), any property left behind is considered abandoned. If the former tenant wasn't evicted, I suggest contacting the local police department, as abandoned property laws vary by local area.
It may be a matter of interpretation for the court to decide if a bailment was created. When someone leaves property in another's care, the person responsible for the property's safekeeping is referred to as a bailee. When a bailment is for the exclusive benefit or 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.
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.