Legal advice please

Simon

Simon

Yet again another request for advice totally unrelated to investing.

So I had a girlfriend living with me recently. She moved out a year ago after falling for some married dude she worked with on an overseas trip. I think she is still overseas.

Her furniture and boxes of stuff are still here. She refuses to make any arrangements for them and feels an entitlement for me to store it. My emails just get abusive replies.

People tell me to dump it or give it away etc but I don't like to be nasty. I am also concerned about ramifications.

I think people act nasty and unreasonable because it usually gets them what they want. In this case 12 months free storage and an expectation of more.

Does anyone know what the law is not his sort of thing or where I should start looking for advice on where I stand?
 
man, this is what I dont understand about people today, young or old, male or female

You are doing her a favour and she is abusing you! DOES NOT COMPUTE in my mind

I thinki ts 30 days or 60 days after you can legally dispose of it any way you want,

Why be the nice guy? what do you have to gain by it? does she deserve to be treated nicely,

My solution: just tell her , you have 24 hours, (dont say 1 week/1 month) or you will dispose of it, or you can say "I am hereby charging you $xper day as stroage" (however,no offence you sound like a too nice/soft guy,so you'll probably wont collect the $ off her anyway) so scrap the later idea

think of it, as a favour to the commmunity, if you throw her stuff out, she wont do it again, and learn from her mistakes, be a punching bag for her and she will do it again to another sucker!!

sorry for the harsh reality response

ADD: Just saw that its 12 months, !!!!!!wow, thats a long time, I was thinking it was more like 2-3 months
 
Simon said:
Her furniture and boxes of stuff are still here. She refuses to make any arrangements for them and feels an entitlement for me to store it. My emails just get abusive replies.

People tell me to dump it or give it away etc but I don't like to be nasty. I am also concerned about ramifications.
Click to expand...
Um, Simon you are too nice a guy.

It's been over a year, and now she's getting abusive into the bargain.

Me; take it to the tip, or even just leave on nature strip with sign saying FREE.

And I wouldn't even inform her of it...
 
I'd inform her that she has 2 weeks to arrange for it's removal - and then it will be disposed of.

Obviously it's not important to her, to have been in storage for a year.

My sister is still hanging onto some valuable work tools her ex (from nearly 10 years ago) demanded she keep for him ... family have been telling her for years to sell it. He lives overseas - can't move back because the ATO would be onto him - so what's the point of keeping it?
 
A tough one.

It doesn't sound unfair to me to arrange for movers to move the stuff into long term storage (or her parents house) and send the bill to her.

It's well beyond a joke now and important for you to move on to get rid of this stuff.

Can't help you on the legal side of things. From memory, when a tenant does a runner and leaves stuff behind I think you need to keep it for a month and then charity - I'd say it would be similar - maybe check the tenants union website.
 
Are you sure you're not emailing her because you want to keep in contact?

If you lived together then they're your things too.

If you lived together and she left them behind then they're all yours.

Send her an email stating your charge for storage for the last year, and tell her the costs now exeed the value of the goods and could she send you a cheque for $380.

Seriously... you're not her LL to worry about any Act.

Just dump the stuff if it's in the way.
 
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Didn't want to raise it unnecessarily... but is she likely to try to get hold of anything belonging to you... IPs, etc?

Is that even a remote possibility?

If so, be careful with getting her offside.

If there is no risk of her trying for some of your assets, then I'd give her two weeks to arrange something, and if she doesn't, then next option for me would be to call her parents. If they don't take them, I'd dump them. I doubt any storage place would accept them without YOU paying. They won't bill her.

Of course, you do need to find out whether you are within your rights to do this.

It would also help to know how much furniture is involved and how many boxes? I would take them to her parents and let them work it out with her. Maybe tell her parents she is abusing you, and give THEM two weeks to arrange to collect them?

I wouldn't feel good dumping someone's stuff, but enough is enough.
 
Yes, this is the advice I get from everyone.

But what I want to know is where I actually stand from a legal perspective. Does anyone know this?

I'd hate to be forced to replace it all if I did give it to the salvos.

Thanks folks.
 
weg said:
Are you sure you're not emailing her because you want to keep in contact?
.
Click to expand...


I'm pretty confident that isn't the case. I have certainly moved on with regards to a new girlfriend.

40 something blokes with their own teeth and hair and an income don't stay single long. Being a solid single dad is a real chick magnet too :). Plus I'm good to dogs.....
 
Simon said:
Yes, this is the advice I get from everyone.

But what I want to know is where I actually stand from a legal perspective. Does anyone know this?

I'd hate to be forced to replace it all if I did give it to the salvos.

Thanks folks.
Click to expand...

If you don't feel comfortable after reading Terry's link, or are unsure whether a live-in partner's things can be considered "abandoned", then spend a couple of hundred on a solicitor and have a letter written to her (with an email copy maybe as well?). For a couple of hundred (?) you get specific legal advice for your particular situation, and she might take more notice.

I'd contact her parents first if you can to have them take her stuff.
 
wylie said:
If you don't feel comfortable after reading Terry's link, or are unsure whether a live-in partner's things can be considered "abandoned", then spend a couple of hundred on a solicitor and have a letter written to her (with an email copy maybe as well?). For a couple of hundred (?) you get specific legal advice for your particular situation, and she might take more notice.

I'd contact her parents first if you can to have them take her stuff.
Click to expand...

this is whats wrong with todays world,

you have to pay someone (lawyer) a couple of hundred dollars, to make sure its ok to get rid of someones stuff who is constantly abusing you, and over 12 months old, after he has made multiple attempts to get them to pick it up.

the inpracticality and lack of common sense involved is mind boggling

its absolutely ludicrous!!
 
TMNT said:
this is whats wrong with todays world,

you have to pay someone (lawyer) a couple of hundred dollars, to make sure its ok to get rid of someones stuff who is constantly abusing you, and over 12 months old, after he has made multiple attempts to get them to pick it up.

the inpracticality and lack of common sense involved is mind boggling

its absolutely ludicrous!!
Click to expand...

I've just been through the legal world, paid considerably more than a couple of hundred dollars to learn that "practical", "common sense" and "justice" don't even come into it once you are dragged into the system.

It is absolutely ludicrous. The trouble you could get into dumping or selling someone else's stuff without being very sure you are on firm legal ground is worth a couple of hundred.

No way would I sell or dump anybody's stuff, no matter how abuse they are to me, without knowing there is nothing the law could do to me.

Believe me, you don't want to know about how the legal system can work...:rolleyes:
 
wylie said:
I've just been through the legal world, paid considerably more than a couple of hundred dollars to learn that "practical", "common sense" and "justice" don't even come into it once you are dragged into the system.

It is absolutely ludicrous. The trouble you could get into dumping or selling someone else's stuff without being very sure you are on firm legal ground is worth a couple of hundred.

No way would I sell or dump anybody's stuff, no matter how abuse they are to me, without knowing there is nothing the law could do to me.

Believe me, you don't want to know about how the legal system can work...:rolleyes:
Click to expand...

I certainly dont want to get involved in such things

I am a very common sense person, and when it doesnt prevail, I get very sh$tty
 
I think you should pile it up and douse it in some kero. Then do that cool little trick where you flick the matches off the box. Guaranteed to make you feel better. For added effect, grab a nice chair, beer in hand, and have yourself some good ol' reflection time!

pinkboy
 
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