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Landlord broke into sealed apartment, took everything

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LawQuestion15

Junior Member
What is the name of your state (only U.S. law)? NY

Hi All,
Back in December, my girlfriend passed away in her apartment in Manhattan, and I was staying with her 3 weeks out of the month, so I had a ton of my belongings there. I sell sports collectibles, so I had a lot of inventory there (I have receipts for everything).

Anyway, the apartment was sealed, but the landlord got frustrated, busted the police lock, rummaged the apartment for whatever he could find to cover his lost rent, even taking family paintings her grandfather made, which are of no monetary value, but are of utmost sentimental value to the family. Then, after he looted, he put his own lock back on. Basically, thumbing his nose at the cops. My girlfriend's family added my belongings and receipts to the Police Report, but said the Police are just not pursuing this guy!!!

I need my stuff or the monetary value, of which I have receipts.
What can I do at this point?
Go to the precinct and get my own copy of the Police Report? And then What?

Thanks for any help.
 


OK-LL

Member
What is the name of your state (only U.S. law)? NY

Hi All,
Back in December, my girlfriend passed away in her apartment in Manhattan, and I was staying with her 3 weeks out of the month, so I had a ton of my belongings there. I sell sports collectibles, so I had a lot of inventory there (I have receipts for everything).

Anyway, the apartment was sealed, but the landlord got frustrated, busted the police lock, rummaged the apartment for whatever he could find to cover his lost rent, even taking family paintings her grandfather made, which are of no monetary value, but are of utmost sentimental value to the family. Then, after he looted, he put his own lock back on. Basically, thumbing his nose at the cops. My girlfriend's family added my belongings and receipts to the Police Report, but said the Police are just not pursuing this guy!!!

I need my stuff or the monetary value, of which I have receipts.
What can I do at this point?
Go to the precinct and get my own copy of the Police Report? And then What?

Thanks for any help.
I don't have time now to review NY landlord/tenant law, but most states have an abandonment process for the landlord to re-possess his rental and its contents. Assuming the deceased's estate was not paying the rent, if the landlord gave proper notice of the abandonment of the rental (this would have been directed to the administrator of the decedent's estate, if any, or to the last known address of the decedent [the rental]), after the statutory waiting period he can lay claim to the property remaining inside the rental. You should communicate with the landlord to see if he provided such a notice. But if you are not on the lease, he is under no obligation to discuss any details of the rental with you.

If the items you and the tenant left inside the rental property were of any kind of value, you may want to start a probate, if none has been started, and get yourself appointed administrator so you can legally get the property which belongs to you.
 
Last edited:

LawQuestion15

Junior Member
Thanks for all of your answers.
Her Sister took over as administrator, but as soon as they were going to be allowed back in is when the found the landlord broke in (he admitted to it). I was not on the lease, but I do have physical USPS mails sent to me there showing I was getting mails in her apartment, which I hope gives me a better leg to stand on.

As tough as it is mentally for me to go to her precinct (which I have not been in her area for 9 months since she passed), I'm thinking I need to go there as a first step and get some kind of report from them, I'm not sure what it would be called, but I am just trying to overcome my emotional procrastination.
 

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