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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Suing Landlord

    My question involves landlord-tenant law in the State of: New York

    Here is the situation. I had an apartment for 2 years, and the lease ends at the end of this month. I found an apartment that was cheaper and in a better location, so I did not renew my lease. In fact, I signed the lease for my new apartment with a start date of Feb 1, so I could move in right away. I had to pay double rent for one month, which I did.

    I moved into my new apartment on the 1st, leaving behind a few things, including a rug and a framed picture. Keep in mind I locked the door behind me when I left. I went back on the 4th to pick up my mail as well as pick up a few things from my bathroom that I had left behind. When I got into my apartment, it was clear that someone had been in there. They had gone through my closets, there was a half-eaten lollipop on my refrigerator, and a bottle of vodka that was in my freezer that was previously 3/4s full was now 1/4 full.

    I called the management company immediately, and left a message with the property manager. His assistant called me back 3 days later. I was at work and unable to take the call, so she left a message. I called her back trying to get in touch, leaving 4 messages, and she never returned my call.

    I went back yesterday to get the last of my belongings and do a final cleaning so I could leave the apartment exactly as it was when I moved in. Much to my surprise, all of my remaining things had been thrown away, and the building super is now using my apartment to store paint cans, window blinds, his bike, etc.

    What is my recourse? I have a copy of the check that they cashed for this months rent, as well as pictures of everything that is being stored in my apartment. Will I be able to get a refund for this month's rent, reimbursed for the items that were thrown away, or both?

    Thanks in advance for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing Landlord

    Your rights could vary if you are in NYC.

    The big question is, whatever the official end of your lease, would your landlord's agent have reasonably believed you had abandoned residency and had left some junk behind for them to discard - as tenants often do.

    Try to work things out with your landlord. If you can't, small claims court awaits.

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