Posted by DK on September 13, 1999 at 16:00:23:
In Reply to: furniture & sublet posted by Wondering on September 13, 1999 at 12:30:39:
: I sublet an apartment from a friend who left a bit of old furniture in the apartment. Since then our friendship has suffered, and I removed a few pieces of the furniture.
: These two events were unrelated, but not my friend is demanding cash payment for lost furniture. Items were used and old but friend
: requested new replacement value. (e.g., chair from thrift shop, that i know cost around $10, friend seeks $160).
: Friend had previously given (oral) permission to remove items, but now claims wanted all items in apartment.
: No mention of furniture in sub-lease agreement (apartment was essentially unfurnished, save for these few pieces left in the apartment).
: My concern (of course) is that my friend may withold security deposit...while I will try (and probably succeed) to work this out amicably,
: I'm interested to know what law says. (In wost case, could i replace furniture with comporable furniture, rather than brand-new designer stuff?;
: can prevent friend from keeping security deposit if resolution is unsatisfactory)
Like so many issues, this comes down to the judge's decision on the facts. If the owner abandoned or gave you the furniture, then it is yours to dispose of any way you see fit. If nothing was said or agreed, then I would presume that the furniture went with the real estate, in which case the landlord retains title and you would need permission to dispose of it.
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