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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Exclamation Property Left in Home, How Long Must I Hold

    My question involves real estate located in the State of: New York

    HELP! The home my boyfriend owns contains boxes of property, old furntiure, and numerous other types of property belonging to an ex live in girlfriend of over 4 years ago. They have maintained a cordial relationship, never discussing the fact that she would want such property back in the future. The day of our 1 yr anniversary she called requesting all sorts of ridiculous items including furniture purchased together or solely by him. He gave her a day (she requested) and made sure we were both out of town for her to come retrieve belongings including the current silverware we had been using! She came, took only what "we" had been using and sent an e-mail stating when and how she would retrive certain items, the ones she was "relinquishing," and those she intends to sell out of his home! Her acts are bitter. What rights does he and we have to limit her coming and going? Not to mention how she plans to sell or recieve financial retribution for items purchased jointly? Who controls this situation???????? Can she come and go and go as she please retieving what she feel and leaving us to dispose of her crap? Can she post ads and expect to show the items in our home? Frustrated! Statute of limitations and details regarding abandoned property would be most appreciated! Especially if code can be specific so if this gets ugly we have a resource, or even to refrence. Greatly sppreciative of any help in NYS.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Property Left in Home, How Long Must I Hold

    What rights does he and we have to limit her coming and going?
    He has the right to tell her "No, you are NOT coming over. No, you are NOT showing items in my home." She has no rights to the home.

    He doesn't have to let her in, and can tell her never to come back, on pain of trespassing charges being levied against her.

    He would do well to consult a local attorney to have a Notice of Abandoned Personal Property property drawn up and served upon her, which gives her a specific timeframe in which to pick up her stuff - usually 14 to 21 days - or forfeit it. After that, he can put it to the curb or sell it.

    Alternatively, he can move all of her crap into storage, pay it for a month, and mail her the key. If she doesn't pick it up, the storage facility will sell it.

    As for items he purchased alone, she has no right to them. If she wants them, he should tell her to produce the receipt. For items jointly purchased, he'll need to negotiate, and he'd be well served if he was in possession of the receipts.

    (My cold and black little heart would say to tell her "If you want it, take me to court.")

    He should not let her into the home when he's not present anymore.

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