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  1. #1

    Default When is a Tenant Considered to Have Abandoned a Rental Home and Belongings Inside

    My question involves landlord-tenant law in the State of: Suffolk county Long Island New York

    What is the limit for abondonment in regards to a house and belongings?

    I know someone who moved out of the place on March 3rd 2018 in which she was living because they didnít pay utilities and everything was shut off due to non payment. She moved in with her friend, leaving everything in the house save for a few things. She would come back and forth to take care of the cats and dogs until she found a home for them. She lived with the friend for five months then moved out of state on August 10th. (6 weeks ago). She did say she was coming back in a few weeks to get her stuff. That was six weeks ago.

    The house is in foreclosure. Itís been in foreclosure for years. The bank has not taken possession of it yet and AFAIK (google lol) it is legal to rent out a house in foreclosure.

    The owner of the house has since rented it to someone else. The ex tenant found out and flipped out because the new tenant is disposing of all the contents. They have a signed lease dated sept 1. They were out of state and started cleaning up the house yesterday.

    Please any info and advice would be helpful. Thank you.

  2. #2
    Join Date
    Mar 2013
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    17,923

    Default Re: Tenant Abondoned House and Belonging

    The practical answer: Lady go get your stuff or lose it.

    The legal answer: The property owner may have some liability under common law bailment (google it). At best for the depreciated value of her stuff, maybe a dime on the dollar.

    Back to practical: She's a deadbeat that skipped out on rent and utilities and moved to another state. Is she really going to litigate this?

  3. #3
    Join Date
    Nov 2013
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    672

    Default Re: Tenant Abondoned House and Belonging

    I'm not quite clear. Who is the "they" who didn't pay the utilities? Was she living with other people? Has she continued to pay her rent since she left?

    "She did say she was coming back in a few weeks to get her stuff. That was six weeks ago."

    To whom?

  4. #4

    Default Re: Tenant Abondoned House and Belonging

    Quote Quoting adjusterjack
    View Post
    The practical answer: Lady go get your stuff or lose it.

    The legal answer: The property owner may have some liability under common law bailment (google it). At best for the depreciated value of her stuff, maybe a dime on the dollar.

    Back to practical: She's a deadbeat that skipped out on rent and utilities and moved to another state. Is she really going to litigate this?
    So, according to the definition of "bailment"... if someone abandons their property in a house for over 6 months, the person who still lives in the house has to take care of it until (or IF)
    they come back?? That's ridiculous. what if they don't come back for 6 years? I need to know when it's ok to trash the stuff.
    I'm talking A WHOLE THREE BEDROOM house of furniture.
    No one lived there. Only she lived there, then because she wasn't paying any bills the electric got shut off,
    Then she turned it on illegally TWICE until the electric company took the whole meter off the house. So the "someone" had to move out and in w/ a friend. (because CPS told her
    the kids aren't allowed in the house w/o electricity)
    She lies to everyone about why the electric was shut off (and why everything else happens in her life). But everyone knows it was because she wasn't paying the bill.
    After living w/ the friend for 5 months she moved out of state and told the friend (and other family members) she was coming back to get her stuff. First it was two weeks then a couple days later it was "a month"
    Like I said earlier , it's been six weeks. Everyone knew she wasn't coming back anytime soon. If at all.
    NOW that she found out someone is moving into the house she's on her way up claiming "all her stuff is getting thrown out".
    The house is riddled with mold. All the furniture and doors and kitchen cabinets have mold on them. It's all garbage. (It's already all in the garbage)
    And FWIW, her sister knows the people moving into the house and she has been going there packing stuff for her. As well, the people moving into the house contacted her sister
    FIRST saying "I"ll help you get your sister's stuff out of the house".

    She's supposedly on her way back to get her stuff because as she claims "you're throwing all my stuff out!". This is just something to keep her occupied..
    Sadly she's on a bad bad road right now and this is giving her some type of purpose or passion for a little bit so she can feel "alive".




    Quote Quoting Catmad
    View Post
    I'm not quite clear. Who is the "they" who didn't pay the utilities? Was she living with other people? Has she continued to pay her rent since she left?

    "She did say she was coming back in a few weeks to get her stuff. That was six weeks ago."

    To whom?
    The "someone" is the person who didn't pay utilities. She was too busy partying to care. Her aunt was living in the basement apartment. Other than that it was her and her three kids whom she'd pawn off on other people then have parties all night. The aunt is on a small fixed income and WAS paying $600/month but stopped so she could buy oil over the winter because the "someone" was too busy partying to apply for HEAP so her kids could be warm.
    As per my reply above, she said she was coming back to anyone she spoke to.

    She never paid rent. It's her ex MIL's house whom let it go into foreclosure. She was allowed to live there rent free but just had to pay utilities.

  5. #5
    Join Date
    Oct 2006
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    16,195

    Default Re: Tenant Abondoned House and Belonging

    Quote Quoting JustMe10628634
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    She never paid rent. It's her ex MIL's house whom let it go into foreclosure. She was allowed to live there rent free but just had to pay utilities.
    Ok, then that is a bit of a different story. The ex MIL should have given her fair warning that the house was going to be rented to someone else.

  6. #6

    Default Re: Tenant Abondoned House and Belonging

    Quote Quoting llworking
    View Post
    Ok, then that is a bit of a different story. The ex MIL should have given her fair warning that the house was going to be rented to someone else.


    Aside from the law, The history between the MIL and the friend is less than amicable. The friend does nothing but take advantage of and use people.

    either way.... The friend came to NY and just like suspected, only took the boxes that her sister packed for her. She didn't car about anything else.

    Everyone did the work for her and she got what she wanted and left again She went back to where she's living.

    All is right with the world again. LOL

    I only posted because I wanted to make sure I knew the law in case she was dumb enough to try to take it further. Even tho she has no money
    and not a leg to stand on.

    thanks for all your answers everyone.

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