Question about abandoned kitchen equipment

Submitted by Loveroffinerthings t3_zmqr8u in RhodeIsland

I’m renting kitchen space from a man that owns a full bar/restaurant. He purchased the equipment and property in the building 18 months ago, and is leasing the building from a developer that owns the whole strip mall. He doesn’t use the kitchen, just the bar, so I get free reign if the kitchen. I’ve been in the space for 24 months, so even before this man bought everything. Here is the issue; Ecolab came to him about a year ago and said “hey we left the dish machine in there when the last business closed down, but if you want to lease this machine, it’s $100/mo plus chemical costs, which must be a minimum of $250/mo”. They never followed up, until today. He doesn’t use the machine, and said it’s up to me to figure out if I want to do it or not. The restaurant had not been in use since before 2020, and someone started a commissary kitchen in late 2020, which is where I was leasing from before the current owner bought everything. My question, since I’ve maintained, and used this machine for 2 years, would it be considered abandoned? I have no idea if it’s actually their machine or not, there is just a sticker on it for service calls. Would they need to prove it’s theirs before taking it? I know some states say if you leave equipment in a space it becomes abandoned after a certain amount of time. Not sure where RI would be on this.

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bluehat9 t1_j0cqu4w wrote

This sounds like a legal question and so I would urge you to not rely on information you find here.

Can you just keep ignoring them? Probably. You could contact them and say "I don't use it so if you want it come and get it or if you make me a much better offer I might accept and start using it but that is too much" - they might decide it's not worth it

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Pdmnt t1_j0crbu0 wrote

This is such a crazy specific question that I'm not sure why you'd trust an internet stranger. By all means, you should contact another kitchen professional or a professional that is familiar with the laws this would fall under.

If you're just looking for some random person to give you some reason to just feel satisfied, yeah it's yours, don't pay them and just keep the machine. Write your name on it and back date the signature and then tell them to show proof of purchase and ownership. Nothing matters, just do what you want.

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mstlo t1_j0cuth1 wrote

Sounds like you've been using the machine without the ecolab approved/provided chemicals.

Please tell me the name of your restaurant so that I may never eat there.

Thank you.

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tommygfunke t1_j0dneiy wrote

I don't know anything about "abandonment" legality or what that entails, but Ecolab often operates on a subscription service like you described. They lease the machine out so the business doesn't have to pay the full cost up front, with the caveat that you have to also buy the chemicals from them so it's a package deal. Bottom line is that they're probably going to want that machine back since it is technically theirs.

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Happy-Grapefruit-5 t1_j0duz8t wrote

Replying to tommygfunke (#939,583)

This is correct! The machine most likely belongs to EcoLab, they don’t sell these machines- only lease. As far as the other equipment, I’m not too sure. But that EcoLab dishwasher will most likely be removed if you don’t want to sign on to the lease & monthly chemicals. From how they worded it— inviting you into a new lease.. they’ll take it if refused. Good luck with everything!

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Loveroffinerthings OP t1_j0eccgw wrote

Replying to mstlo (#938,358)

Lol you think that ecolab chemicals are any different from others? The health department disagrees with your stupid thoughts. You probably have 0 idea on food safety if you think that a chemical sanitizer in a specific solution is company specific.

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Loveroffinerthings OP t1_j0ecjim wrote

Replying to Pdmnt (#938,193)

I just threw it out there to see if anyone might have had the same thing happen. Leaving equipment in a business, then 3-4 years later saying “hey that’s mine” with no proof.

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Loveroffinerthings OP t1_j0gptag wrote

Replying to tommygfunke (#939,583)

My big question is, the machine has been here for at least 3, if not 4 years with me maintaining it. I know how ecolab works, it’s more of a question if they abandoned it or not. Some states say if you leave an item at a place and do not retrieve it, it becomes part of the place it was left.

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fishythepete t1_j0gu4wk wrote

In the U.S., the Uniform Commercial Code (UCC) permits a lessor, without judicial process, to repossess leased equipment or, without removal, make the equipment unusable, provided no breach of the peace occurs. In practice, exercising this remedy without breaching the peace presents the biggest challenge. But if the owner is willing to let them in / give them access, they have the right to repossess.

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