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Convict tenant

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amjordan

Junior Member
New York

Hi:

My Dad owns a house and my wife and I rent the top floor apartment. In January of this year he decided to rent out the basement apartment to a married man from his wife's church. His wife was supposed to be joining him shortly from Brazil.

However, a short time later they found out that this man had been borrowing money from many individuals at the church without paying them back. When the man first moved in, he did not bring any money nor did he pay the full rent; he still owes money for other house-related bills.

The more they learned about him, the less trustworthy this man seemed to be. Nevertheless my Dad, wanting to give the man the benefit of the doubt, had let him sign a short term rental agreement. I think it was a month to month agreement which stated that the man must pay the rent by a particular day of the month.

Before the month was even up, the man was arrested (we don't know for what) and has been in jail since. It seems his wife in Brazil knew next to nothing about him (they had just been married a few months) and now wants nothing to do with him. The man called from jail to request that my Dad and his wife try to contact his wife and claimed he had been arrested for some kind of immagration violation.

My question is what legal obligation does my Dad have to hold the man's stuff in the apt. Before the man was put in jail, my Dad had already asked him to leave, and the man had apparently agreed to do so.

Of course, my Dad would now like to rent this apt. He has no way of knowing exactly when this man will be out of jail. The man is a con artist and could even be dangerous. Among the man's stuff they see weapons, such as knives.

Thanks for your help.
 


HomeGuru

Senior Member
amjordan said:
New York

Hi:

My Dad owns a house and my wife and I rent the top floor apartment. In January of this year he decided to rent out the basement apartment to a married man from his wife's church. His wife was supposed to be joining him shortly from Brazil.

However, a short time later they found out that this man had been borrowing money from many individuals at the church without paying them back. When the man first moved in, he did not bring any money nor did he pay the full rent; he still owes money for other house-related bills.

The more they learned about him, the less trustworthy this man seemed to be. Nevertheless my Dad, wanting to give the man the benefit of the doubt, had let him sign a short term rental agreement. I think it was a month to month agreement which stated that the man must pay the rent by a particular day of the month.

Before the month was even up, the man was arrested (we don't know for what) and has been in jail since. It seems his wife in Brazil knew next to nothing about him (they had just been married a few months) and now wants nothing to do with him. The man called from jail to request that my Dad and his wife try to contact his wife and claimed he had been arrested for some kind of immagration violation.

My question is what legal obligation does my Dad have to hold the man's stuff in the apt. Before the man was put in jail, my Dad had already asked him to leave, and the man had apparently agreed to do so.

Of course, my Dad would now like to rent this apt. He has no way of knowing exactly when this man will be out of jail. The man is a con artist and could even be dangerous. Among the man's stuff they see weapons, such as knives.

Thanks for your help.
**A: the lease can be terminated for nonpayment of rent and the stuff must be held following the NY abandoned possessions law.
 

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