Legal Question in Landlord & Tenant Law in New York

theft of services

I own a mini-storage. One occupant of a unit has not paid us any rent since Apr-04. It is now Sep-04. In our contract there is a clause that if the rent is not paid in three month the storage is considered abandoned. This person has had full access to the unit for over a year. He owes us $1080.00. This week we decided to empty the unit out after many times of billing this person. Now this person wants to have us arrested for stealing his storage. Can he? Also could we charge him for theft of services?


Asked on 9/24/04, 10:30 pm

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

Re: theft of services

Your issue is too complicated for a simple yes or no answer. Generally you cannot remove contents without a judicial order. Whethery ou could or could not do what you did depends on if a court finds your lease legally binding. You cannot have the tenant arrested for theft of services but you have grounds for a civil action for damamges of lost rent. Self-help is never a recommended mode of operation the next time you are in that circumstance you should sue the absent tenant in Court.

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 9/27/04, 9:13 am


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