Saturday, May 23, 2009

Next: Notice of Abandonment

As I noted in the comments section of the last entry, I cannot just dump Mary's stuff out of here - I wish I could, just have a huge yard sale and get rid of all of it. To do that - at least in Arizona - would mean she could go to court and sue me for the loss.

Instead, I have written her 2 emails so far, one yesterday and one today - the only method the judge prescribed for us to communicate about this - to come get her stuff on Sunday at 1:00 pm as previously arranged when the police were here last. The second notice, I just sent to her, includes the statement that if she does not have her stuff out of here by Monday, May 25th, 2009, I am going to move all of it to a storage facility and then she will have to pay for the move and the storage costs BEFORE getting her things - that is also written right into State Law.

Further, since I really only have an Order against her, I am also going to post a Notice of Abandonment on her bedroom door and send a certified letter to her work, the only other address I know of. The notice is simply the next legal step in ensuring that in a year from now, she doesn't - for whatever reason no-one could ever fathom - would want to walk back in here. Yes, the Order is good for a full year.

Hmm, state law a little murky - there is nothing in there for a case like this. Sort of isn't. After reading one particular section, however, I was QUITE glad that I won yesterday. Losing would mean she could sue me for damages that would amount to 2 month's worth of rent in a judgment against me, if she did so. But, from what I am reading, proceeding with a Notice of Abandonment and sending it to her workplace does appear to fit into one of the definitions of abandonment:

H. In this section "abandonment" means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence

Okay, what I'm looking for is how to get rid of her stuff, basically. Not just in storage, I mean after a certain amount of time has expired, to sell it/dispose of it/whatever of it and have it out of my hair. I am assuming Mary wants this stuff back - all well and good, but I am not going to be drawn out into this forever. That's the point - to store it means money out of my pocket - hiring a truck, people to help carry it out to the truck, drive it over to the nearest storage place, pay for the storage, unload it, take the truck back, pay the people that helped move it.

Mostly, I'm straining to think how I could take it all out of there and distribute it around the house, lol. Caleb's closet is empty, I could load that up with boxes of Mary's stuff. But her bed is both large and heavy, takes up a lot of space. She has other stuff - dresser, table and 2 storage units in her room that just are spacemongers. Nope, no way to distribute it, it would have to go into storage, unfortunately.

Onto other things. It's a nice, overcast day again. Haven't looked at what the high temps are supposed to be, but certainly it can't be getting over 100 today with the sky overcast as it is. Yup - high of 92 today, not bad, not bad at all. Today? I'm going to take it easy today. Water the plants, pull some weeds, a trip to the store, that's about it. No work until Tuesday, and after ordeals like yesterday's, I'm very happy to have some time off to let it pass. If Mary shows up tomorrow, all the better.

Hope everyone is doing well.
ben

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