Legal Question in Landlord & Tenant Law in New York

Landlord with-holding personal property

A friend had offered to let me use her apartment (which she is leasing) for storage for the summer until the upcoming college semester. She later on decides to back out of her lease because she is not returning to school and thus I must remove my personal property from her apartment for fear that the landlord will pawn my property. The girl that leased the apt would rather just have her stuff thrown out but I need my things for school so I'm afriad that my property will be destroyed before I can get them back. However, I am currently unable to make the long drive out to campus and personally retrieve my belongings so I had a friend in the area pick my up property. But the landlord will not allow my friend into the apartment to get my stuff. I'm afriad that the landlord will pawn/sell all my expensive belongings I need for school before I am able to get it out of the apartment. What are my legal options of having my friend retrieve my property because I can not, although the landlord will not let him onto the premises? Will I need assistance from the local police to get my stuff back if the landlord will not cooperate? PLEASE HELP!


Asked on 7/09/04, 1:44 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Landlord with-holding personal property

First of all the landlord cannot legally pawn your property whithout giving you and your friend the right and opportunity to retrieve it. Really. the landlord must let your friend on the property to retriever personal belongings. The landlord was right to refuse access to your other friend because he had no lease, (for that matter neither do you) no right to enter the property and the landlord had no way of knowing if he had permission to enter or did not, in which case he would be facilitating a trespass and could be sued for any theft or liability on the property caused by your friend.

What I would do if I was you, is arrange to go with your friend (the one with the lease) to remove your property as soon as possible. Notice should be givien to the landlord that you are coming. While it may be a pain to travel there, the landlord is not a storage facility and it is your obligation to remove your belongings. You made arrangements to live there, make arrangements to get your stuff out. Beleive me, the landlord wants your stuff out of the place as much as you do.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/09/04, 8:57 am


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