Storage Fees for Damaged eBay Item

I purchased a fridge on eBay and it was received damaged. Since the outside box didn't show signs of damage, I took possession but while the truck driver was at my location I removed the packaging and we both noted the damage. A claim was filed by me against the shipping company who in turn denied it because of poor packaging from the seller. I filed a claim with my credit card company who has refunded my money. The seller has been trying to proceed with his own claim but it has taken over 2 months and I have notified him no less than five times over the last month that the fridge has to go. I gave him a deadline of date last week that if the fridge hadn't been picked up, I would charge storage fees of 125.00 per day until which time the fees exceed the value of the fridge and I will then sell it on eBay for the storage fees. Can I do this legally and what are the repercussions if I do?