Amsterdam, NY asked in Contracts and Landlord - Tenant for New York

Q: I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can

I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can the landlord come at me about it? My ex is making a big deal about saying she would let them come after me I can't see them doing that if the security deposit covers and damages etc.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Amsterdam Tenant

Most forms of New York State residential leases provide that upon moving out any left behind personal property of the Tenant is abandoned and the Landlord is able to dispose without incurred any liability.

Of course, you did not mention that you had a lease let alone a lease with this typical provision. Without a lease agreement that allows the Landlord freedom to take over able personal property, your sword, BB gun and boxes remain your property and the Landlord is stuck with the legal obligation of a gratuitous bailee to care for your property for a reasonable amount of time, basically until enough time runs out so a Court will not charge the Landlord if you were to sue him one day for tossing your stuff or converting to his own use.

The grown up thing to do is get your possessions or give permission to the Landlord to charge you for storage and costs for removal.

The tenant security deposit statute may allow the Landlord to charge you right now for doing so but only if the Landlord pays money to clean up and itemized the expenses of doing so within 14 days of your moving out and also refunded the balance of your security deposit.

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