Cortland, NY asked in Landlord - Tenant for New York

Q: If my lease expires, does the landlord legally trash my valuable property?

My property values are over $10000, not abandoned.

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3 Lawyer Answers

A: The landlord can lawfully trash only property you abandon by leaving in the premises after the expiration of your lease.

T. Augustus Claus
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Answered

A: In New York, when a lease expires, the landlord generally cannot dispose of your valuable property without following proper legal procedures. The landlord should provide you with notice and an opportunity to retrieve your belongings before taking any action.

Steven Warren Smollens agrees with this answer

A: Dear Cortland Tenant

In New York expiration of the lease does not act as an expiration of the tenancy. Just look at NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]. The tenancy continues month to month as before except for the running out of the lease. A landlord commits the crime of Unlawful Eviction by trashing the tenant's personal property. https://www.lawny.org/node/70/illegal-evictions

Entry into the home by the landlord at any time without a court order is the crime of trespassing.

Destruction of personal property is the crime of criminal mischief and burglary.

If your landord did this get to a lawyer right away and inform police.

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