<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by andreasw1:
as we were moving out of our rental apartent in NYC, our landlord gained acces to the apartment and disposed of all of our personal belongings still left.
We paid full rent for the month, did not give pwrmission for entry and intended to full vacate the apartment at the end of the month. What legal actions can be taken to get repalcement $ for lost property, and illegal enrty into premises.<HR></BLOCKQUOTE>
My response:
Your landlord cannot take the law into his own hands. Under New York law, notice of disposal must be delivered to you. However, if your rent was paid, and despite the fact that you moved out, you still had "property rights" to the space. Your landlord has comitted the Civil Wrong called "conversion of private property" and, depending on the value of the property so converted, will determine in which court (jurisdiction) your lawsuit should be filed. You are, nevertheless, only entitled to "fair market value" of the items converted, not their replacement value. This means you are entitled to that amount, for each item, what a "bonified buyer" would have paid for the items. Example: In 1997, you bought a sofa for $900.00. The sofa was "converted" or lost, in 2000. The fair market value could be the $900.00, minus 20%, or $720.00.
IAAL
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