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?

UPDATED: Mar 31, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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