Subletting rights

[moondust]

What is the name of your state (only U.S. law)? Brooklyn, New York.

I sublet my apartment for 3 months to a guy. We both signed a contract stating the dates and basics of the agreement. I returned to discover the door unlocked and my place trashed. His deposit does not cover the damage made to the apartment itself(hole in the wall, damage to hardwood floor) and the damage to my belongs(1 torn sofa; 1 stained sofa; blood stained comforter, sheets and pillows, towels; 1 broken lamp; 1 missing lamp). I haven't heard from the guy. I notified him that his deposit would not be returned. However, his friend, who is not on the lease, is contacting me requesting some 'art' back that was left behind along with bags and bags of thrash. Do I have legal rights to the property left behind? Could anyone sue me for not returning it?

Thanks!

[HomeGuru]

[quote=moondust;2034692]What is the name of your state (only U.S. law)? Brooklyn, New York.

I sublet my apartment for 3 months to a guy. We both signed a contract stating the dates and basics of the agreement. I returned to discover the door unlocked and my place trashed. His deposit does not cover the damage made to the apartment itself(hole in the wall, damage to hardwood floor) and the damage to my belongs(1 torn sofa; 1 stained sofa; blood stained comforter, sheets and pillows, towels; 1 broken lamp; 1 missing lamp). I haven't heard from the guy. I notified him that his deposit would not be returned. However, his friend, who is not on the lease, is contacting me requesting some 'art' back that was left behind along with bags and bags of thrash. Do I have legal rights to the property left behind?


**A: no.



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Could anyone sue me for not returning it?

**A: yes, pursuant to the NY abandoned property rights law.

[moondust]

@Homeguru: Is this true even though we had a basic contract for 3 months? Meaning, I'm not a normal landlord.

If so, what am I required to do? I had read that the tenant has 30 days to claim the property. He has NOT requested it. His 'friend' has. His friend claims no responsibility to the lease and he is not named on the lease.

Thank you for your help!

[HomeGuru]

Originally Posted by moondust

@Homeguru: Is this true even though we had a basic contract for 3 months? Meaning, I'm not a normal landlord.

**A: are you then an abnormal landlord? Landlords must follow the same abandoned property laws whether they are short term or long term tenancy landlords.


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If so, what am I required to do? I had read that the tenant has 30 days to claim the property. He has NOT requested it. His 'friend' has. His friend claims no responsibility to the lease and he is not named on the lease.

Thank you for your help!

**A: read the abandoned property laws of your state.

[moondust]

I have searched on this site and online for the written NY abandon property law and am having difficulty finding it. Where do I find the exact details?

The person who subleased my place has not contacted me requesting the property back. However, now 2 other people who are not on the contract and one of whom I don't even know are calling me asking to take the property. I feel very nervous about this situation. I don't know what to do. I've requested they stop contacting me since they are not on the lease. Could you point me in the right direction of the proper NY abandoned property law please?

[seniorjudge]

Google is your friend.

[url=http://www.osc.state.ny.us/ouf/oufhandbook/money.htm]New York State Comptroller[/url]

new york state statutes abandoned property

[moondust]

Thank you. I have seen that page several times in my searches. However, I don't see how it relates to subleases. Everything I read on that page applies to claiming abandon property from the NY state government.

I now have strangers contacting me threatening to sue me and have me arrested for not giving them what was left here. I really don't know what to do.