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  1. #1
    Join Date
    Mar 2015
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    Default Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    My question involves personal property located in the State of: North Carolina

    a family member was living with us for a brief period. We had given an expensive gift for Christmas. A few weeks later he got mad due to certain house rules regarding having visitors over and moved out. He left several things when he moved including the gift we gave him. Over 30 days went by until he decided he wanted his few last things, including the gift. I have given everything back except for this gift. I have the receipt where I bought it and the exact move out date that can be confirmed to show he did not request until after 30 days (almost 60 days) after vacancy. I honestly wanted to return the "gift" and get my money back considering I just poured a lot of money into helping this family member (legal fees, living arrangements, utilities, food, etc.). He's filed a report with the police and is trying to get us charged with felony larceny. Can this happen? Do I have to give it back since it's been in my possession without asking for it back for almost 60 days.

    If I am required to give it back can I send a notice for storage fee -- I read somewhere that if you're storing personal property for someone after they have vacated you can send a certified letter via mail requiring a storage fee be paid before they can pick up their items?

  2. #2
    Join Date
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    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    You gave the item as a gift. It's no longer yours. You have no basis to demand money for its return.

    If you want to charge somebody money to store their property, you need to work out that deal in advance.

  3. #3
    Join Date
    Mar 2015
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    2

    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    Ok got it.

    Just so I know. I read in NC that if personal property is left beyond 30 days without any attempts to recover it it then becomes the property owners, to do with as they see fit. Does this not apply since it was a gift?

  4. #4
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    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    While you didn't share a link, it's reasonable to infer that you misunderstood what you read.

  5. #5
    Join Date
    Sep 2011
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    OH10
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    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    Here is the link. Landlord refused to allow him access to retrieve his property and sat on his rights to initate any disposal action according to law.
    http://www.ncga.state.nc.us/EnactedL...GS_42-25.9.pdf



    Quote Quoting Mr. Knowitall
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    While you didn't share a link, it's reasonable to infer that you misunderstood what you read.

  6. #6
    Join Date
    Dec 2012
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    1,018

    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    Give him back his gift.

    Gail

  7. #7
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    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    Quote Quoting Disagreeable
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    Here is the link. Landlord refused to allow him access to retrieve his property and sat on his rights to initate any disposal action according to law.
    http://www.ncga.state.nc.us/EnactedL...GS_42-25.9.pdf
    Leaving aside the fact that this is not a tenancy and that the OP is trying to keep the gift, not give it away to somebody else, this is not a situation where somebody has abandoned property. The owner has asked for the return of his property and the OP is refusing to turn it over. If that's the law the OP had in mind, he's barking up the wrong tree.

  8. #8
    Join Date
    Sep 2011
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    OH10
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    Default Re: Can You Reclaim a Gift You Gave to Somebody if They Leave it at Your Home

    Seems like the relative was a tenant by law. If he had not left voluntarily, OP would have been forced to do a legal eviction.

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