Can a person who has been storing your equipment refuse to give back your property unless you pay a fee?

Answer 1

As is frequent with legal matters, the answer is... "it depends".

Was there any agreement about (or mention of) payment of any kind when the equipment was stored, or before then?

Is there any written or recorded evidence of such an agreement?

Are there any witnesses to any such verbal agreement?

If not, it may legally be regarded as an attempt to hold your equipment ransom; an illegal attempt to extort money from you.

Many judges seem inclined to make an example of someone who does that, to the extent of cooperating with law enforcement and other agencies to apply the full force and extent of the law on any related legal infractions. Your lawyer (see below) would have the job of making this easier for the judge by being able to present the case in its entirety, clearly and coherently.

On the other hand, the person storing the equipment may have alleged proof of claimed costs incurred for the safe storage of the equipment. Unless he/she is legally knowledgeable, he won't think of doing that properly. Improperly prepared claims of such costs will only get him into more legal problems, such as claiming fraudulent expenses or costs, business fraud, perjury, extortion, and so on.

Get a lawyer or legal advisor. Even a free one, through legal aid. Your case doesn't even need to go to court for a lawyer to get the matter settled in your favor. Even a half-competent lawyer interested in your case would ensure that justice goes your way if the other person isn't legally well-prepared.

My hypothetical lawyer would (hypothetically) see to it that the person storing your equipment is aware of the following, and keep a record of their responses:

1. Does the person realize that income from storage fees must be declared as earned income on their income tax declarations, and that failure to do so would be a federal offense?
2. Is he/she able to give you a proper receipt (as legally required) for any "storage fee", including their name, address and phone number, the storage time period, the rate, applicable taxes, and so on? (Taxes are problematic!)
3. Does the person have the storage business licensed and registered as required by local, state, and Federal Laws?
4. Do the physical storage facilities of the storage business also comply with fire regulations?
5. Applicable health, electrical, and safety regulations?
6. Regulations concerning protecting stored items and materials from damage due to water, temperature variations, dust, humidity, and all other foreseeable causes of damage or accelerated deterioration?
7. How about zoning regulations, such as having a business in a residential zone?
8. Are the storage facilities insured for the replacement value of any and all stored items or materials owned by 3rd parties? (His regular insurance won't cover loss or damage to items owned by third parties who are being charged for storage. Additionally, his regular insurance may be canceled if the premises are also used for paid storage of items or materials by third parties -- unknown materials representing danger of fire, explosion, etc.)
9. Does the person realize that all of the above applicable legal requisites would have to be demonstrated as having been in effect during the complete time period that he was storing your equipment -- but only if he actually charges you a fee, a charge, or any other kind of remuneration not proven to have been mutually agreed upon beforehand?

Plus at least 6 more reasons indicating that charging you for storage (in the absence of proof of a private agreement for payment) could very easily subject him to a number of serious charges or fines from various agencies.

The right approach by your lawyer or legal advisor will get the other person to ask you to please remove your equipment from his premises (to avoid serious legal problems himself) as soon as possible, with no storage fees or other charges.

By that time, he'd realize that he would also be legally responsible for any loss or damage to your equipment up to the point at which you take it back.

Be prepared to prove the equipment legally belongs to you. Gather your receipts, hopefully with serial numbers or other uniquely identifying information (or witnesses). Make a complete itemized list of your equipment being stored, with the condition of each item. Photos would be even better.

I'm probably not a lawyer in your jurisdiction.

I'm definitely not your lawyer.

Personally, I'd likely verify the "storage fee" requirement, then ask the person to mail me an invoice, then take it from there. But I have enough legal knowledge and experience to justify my requests, allay their suspicions, and lead them into legal traps at the same time. You don't, and I can't legally give you legal advice online.

So -- Get a lawyer or legal advisor, discuss this matter thoroughly, and proceed from there.