Legal Question in Real Estate Law in New York
My propety
Hello i recentlly brooke up with my ex-partner and in the process of moving out i had left some of my belongings there. My partner still retains the apartment, however both him and the landlord are refusing me acess to the propety to retrive the rest of my belongins. I did not leave the residince on bad terms it was a civil break up with my partner and we were up to date w/ all of our bills as well as rent. when i left i signed the apt. over to my ex and i have both recipts of past rent checks a copy of the old lease and recipts in regards to my propety still in the posseion of the landlord. I have made several atttempts to retrive the last of my belongings and @ the refusal of both my Ex and old landlord have beebn un-sucessfull what should i do in regards to legal terms if i can do anything.
2 Answers from Attorneys
Re: My propety
You can file a complaint with the local police department. If you have proof, such as receipts, pictures, etc., you can go to court and file a complaint for the value of the property. I suggest you write a couple of formal letters to your ex-partner with copy to landlord, explaining the situation and requsting the return of your belongings. Send letters by regular and certified mail. If you get no response, go to the police, it may be extreme, but it is the most efficient way to deal with the situation. I would not notify your ex- partner of your plans to go to the police, otherwise he/she could beat you to it and file harassment charges against you. In your letters, just describe the items you are seeking to retrieve, remind them that they had agreed to return them to you and tell them that you will go to court and hire a lawyer and they will be responsible for the costs. If you have further questions, please feel free to e-mail me and/or call my office.
Re: My propety
If your name is still on the lease then the landlord must grant you access to retrieve your personal belongings. If not, you can sue your former roommate in small claims Court for the value of your items.
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