If I’m booting our son from our home and he has no room to store his stuff, what happens to it – can I keep or dispose of it?

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If I’m booting our son from our home and he has no room to store his stuff, what happens to it – can I keep or dispose of it?

Our son has never paid us a cent for any bill, rent or anything. If I keep some of his things, do I pay him? When can I dispose of the things I don’t want? He has computers, game systems, etc. Once again, no money has ever changed hands regarding rent or anything else.

Asked on March 31, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are evicting your son from your home where he has never paid rent and assuming he is over 18 years of age and has graduated from high school, you can legally do so by giving him a 30 day notice to vacate. As to his items, he need to take them with him. You cannot unilaterally dispose of them. You need to give him an opportunity to collect them.

I suggest that you give him 60 days to get his belongings. If he fails to do so and assuming they are worth more than $300 total, take them to an offsite storage facility and place the lease in his name and new address. send him the lease and advise him of the need to pay the rent for the facility. If he does not, the facility will auction off his items to pay past due bills.

If the items are worth less than $300, you can dispose of them any way you want after the passage of the 60 days after he has been given notice to collect them.


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