I'm a renter, and I found a furnished place on craigslist. The ad was posted by the renter, not the landlord, very Craigslist informal. The renter moved out but left her furniture, with the understanding that it would be left with the apartment. A year and a half after she moved out, she wants her furniture back within a week. I understand that she purchased this furniture originally, and I did not buy it from her when I moved in, but after a year and a half does she have any right to claim it?
Neither of us are on the lease (it's in another roommate's name). I'm in New York.
The paramount question is do you have any right to claim it? And I don't see that you do. (
"The understanding (was that) it would be left with the apartment.")
If "abandonment" of the stuff actually occurred, it seems to me that it would be to the benefit of the landlord and not a mere occupant.
Do you think that upon your ending the tenancy that you could legally take the furniture with you? I don't think so nor do I believe an aware landlord would allow it. (Not that this landlord seems to much aware of anything.)
Anyhow, I would inform the apartment owner and let him/it deal with it.
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Also, curious here as to why you believe that you even have a legitimate right to occupy the apartment, let alone possess the furniture - an apartment that is subject to a lease to which you are not privy? Who is receiving your rent payments?
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I’m not sure why you’ve chosen to post “small claims court”, but if the former tenant sues you for replevin or claim and delivery of the stuff, your defense is that it is not your stuff. Meaning you are not the proper party defendant, the landlord is.
Also meaning that if you were to hand the stuff over to the claimant you might become implicated in a theft.