Can I be responsible for property left by the previous tenant even if it was my ex husband?
Full Question:
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.