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A former renter of my apartment wants their furniture back... after a year and a half

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janetjones

Junior Member
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.
 


BL

Senior Member
Well you did rent furnished.

Did your bedroom come furnished with the furniture the former tenant wants back ?

It also could be considered abandoned by the Landlord their selves .

What does the other remaining tenant feel about it ?

Are you on a lease ,or month to month?
 

Zigner

Senior Member, Non-Attorney
Well you did rent furnished.

Did your bedroom come furnished with the furniture the former tenant wants back ?

It also could be considered abandoned by the Landlord their selves .

What does the other remaining tenant feel about it ?

Are you on a lease ,or month to month?
It's too late for the OP to claim ownership based on abandonment...he would have need to take steps prior to now in order to do so.
 

latigo

Senior Member
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.
___________

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?
______________

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.
 

BL

Senior Member
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.
___________

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?
______________

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.
I'm in agreement about the furniture.

Just to point out , NY LL/Tenant Law allows 1 other occupant ( but the LL is to be notified with info. - I believe within 30 days ),or Family .
 

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