Florida laws governing bailment, rights of a bailee

No, you can't do that. You are a bailee. That means you have accepted possession of the motorcycle under a bailment agreement. That's a contract. Your obligation is to take reasonable steps to preserve the property. You not only cannot put it outside to be stolen, you also cannot give it to the mother without the permission of the son. And I suggest you get that permission in writing before you give it to her.

So what to do if she won't take it or the son won't give permission. Every state two relevant laws on this issue. The first one permits a lien holder to sell the property at auction and keep part of the proceeds to cover the lien. That would apply to you if you were charging storage fees. If there is no agreement concerning storage fees, your first option should be to get the son to sign something authorizing you to sell the motorcycle and send him the proceeds, minus reimbursement to you for any expenses.

The other law is call the escheat law, or Abandoned Property law. Under that law you would report the property to the state as abandoned. After you deliver the property to the state, you are free and clear of a bailee's obligations. Unfortunately, your state might not take the thing off of your hands until some stated number of years has passed. You can call the appropriate abandoned property office to find out the procedures.

If you cannot get the son to sign anything, and if your state won't take possession, I suggest you write to the son and say that (a) you withdraw permission to store the motorcycle, (b) he has 30 days from mailing of the letter to get it out of there, (c) if the motorcycle is still there after 30 days you will charge $2 per day storage, and (d) if the first invoice is not paid promptly, you will sell the motorcycle as permitted by Florida law. Use Certified Mail, Return Receipt Requested. Keep a copy of your letter. Keep the mailing receipt and the return receipt.

This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney.

David

If I as a motorcycle shop owner pick up a motorcycle at a accident put it in my shop and no one comes to see it and the owner left state what do I do. I am owed inside storage for the past 6 weeks, plus cleaning up mess at accident. It seems the owner didn't have insurence and he owes on the motorcycle. What is my next step?