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Tenant Got cought and Moved out 01.30.10

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

Update: On saturday Jan 23rd, I decided to check up on the apt. early afternoon. I cought my tenant loading a huge truck w/ 3 movers. Mind you I have been trying to reach him for twenty days and he did nottell me he was moving.

Luckily, I had one of digital camera that has video tape and taped the whole
sequence including him removing his belonging from the apt.

I did not say a word and kept on taping including the license plate of the truck he may have rented.

He was visibly in shock. My guess is he was going to vacate the premises holding to my keys and Lord know how many other (questionable) people may have a copy to the property.

I called the cop to witness the whole sequence explaining the situation (I knew there is nothing they could do) since it is a LL/Tenant matter; I just wanted the facts documented.
He (tenant) does not know that I had the cop check inside his premises a week earlier when he was MIA to ensure that he was dead inside the apt. To be honest a legal pretext. All is on record.

He continued on and I say nothing. He later left. Then I left.
Last night he called backpedalling with all sorts of nonsense. He claimed he sent me a certified letter it was returned to him (Lie). He wanted to use his
security deposit for last month rent ( which is news to me).

He said since the cop are now involved, he wants to resove things.
My reply to get out as soon as he is done moving. I asked for extra time until
next saturday which I allowed. Of course he wanted to know what will become of his security deposit.

I also told him he forfeited the better part of his deposit. And, on saturday, I will conduct a walk thru and thirty days from that day provided that nothing in the building is not tempered with ( i.e. plumbing, furnace and such) and the apt is in good condition. I will mail him a check so long as he provides me with a forwarding address. He is an idiot, oblivious to the tenant laws or even his rights as a tenant for that matter. All he wanted to do was scam me.

Can you imagine what my life wuld be like w/ someone who is MIA and trying to litigate with him would have been a virtual nightmare.

I was very lucky to have showed up, only by instinct, I take no credit for this at all.

Wish me luck saturday!

LL in new york.


As agreed, on January the 30th did the walk thru and after a few items that are broken i.e. the tank cover(bathroom), bathroom light fixture and a few bulbs here and there. Things appear to be ok. I have an appointment w/ a contractor next monday for further inspection electrical, plumbing etc...
I got my keys and requested a fowarding address to mail him whatever remains of his security deposit. Although he is not entitled to any $$ at all.
He failed to give me 30 day notice which should in theory, forfeited the other month rent (I requested 2 months). I decided to let that go in order to get my apt back w/o damages,

:)
 



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