my landlord had someone remove my property

[fashionista]

the apt i have been waiting for for over a year now finally opened and i paid my rent and security there on april 30. so i started moving my stuff over. since i don't have a car i was packing up my clothes in suitcases and bringing them over before i went to work.

on may 1 i notified my lanlord in writing that i was moving. he kept asking me to show the apt but i told him i could not. actually it isn't even my job to show the apt. when i started living there i paid the last month's rent in advance as the lease stated, so he has payment for may and that gives me 30 days to move

last week my father came with a moving van and got 90% of my stuff. some stuff had to be left behind because we were short on time

i called him last week and reminded him to send the checklist of the stuff he wanted done before i left. i told him because of my work schedule the stuff would more than likely not be done till the end of this week and the stuff would not be removed till then either.

he tried to pressure me again into showing the apt, which again i said no and i told him the place was not clean yet. he offered to clean it but i said NO because i did not want to be charged $150 for something i can do myself. he also said he wanted the painters to come in if i wasnt there but never told me WHEN they were coming. he has the new phone number here and knew that i had stuff in the apt and still had my key.

anyway i get there yesterday in the pouring rain and see that the stuff i left behind was gone AND the apt was clean. there was no note saying where my stuff was so of course i was upset. i look in the trash bin and see some of my stuff there and then find the rest of my stuff in the basement. the basement was totally flooded out from all the rain and my stuff has been sitting in water and dampness for god knows how many days now. he put the remaining stuff in these large bags but the bags have holes in it so my stuff is damaged.

my neighbor who helped me locate the basement told me it always floods in there when it rains so that means the landlord had to know that if it rained my stuff would be damaged. he never called me or anything

i took pictures and called him numerous times yesterday but have yet to get in touch with him

my friends told me i should sue him in small claims court because he had no right to remove my property before the 30 days was up without telling me.

this am when i was registering for this board he finally picked up the phone and seems confused. he has no idea what the maintence guy did but yet gave her permission to work in the apt (does that even make sense really) when i explained that my stuff was damaged he seemed somewhat sympathetic but i think he should really give me back all my deposit. he claims that he won't charge me for cleaning.

but what are my rights in regard to him removing property without notifying me or my water damaged stuff

[Downtown]

You were paid until end of May. LL had no legal right to enter (unless emergency) and absolutely no legal right to remove your possessions (even if one of his agents still responsible).
Cannot charge you for cleaning as you had not vacated.
Sue for all damged possessions. Sue for deposit. Sue for remainder of this month's rent (as LL illegally took possession). If all this is under the limit for your Small Claims court could bundle together. Otherwise split into separate cases (damage, deposit/rent).
Dated pics, actual wet bags make solid evidence. Figure what was lost. If you have receipts will help. otherwise ballpark value (deduct some for age).
For deposit bring proof it was paid. Would file a police report for illegal eviction.

[TenantNet]

Talk to a lawyer. The laws in NYS are different in NYC, but it is still an illegal eviction. Upstate that may be a civil matter; in NYC it is a criminal offense. But here he not only entered illegally (trespass), but he took your possessions. That's theft, and it should be a criminal offense. I would swear out a criminal complaint. But get legal advice first.

[fashionista]

thanks for the reply

so far nothing has gotten done communication wise because he said he wanted to hear the maintence guys story. i think that is BS cause he gave the man permission and the master key to enter and toss out my items in the street. i told him i have pictures of the stuff sitting in water on my camera phone though.

[Downtown]

You are the legal tenant until the end of May.
LL is trying to throw you off by pretending maintenance guy acted without his authority. Too bad...so sad, LL is still liable for damages.
Minimally, created illegal eviction...or as TN stated could be trespassing and theft.
Where are the bags now. If clothes could be washed. Shoes a waste. Figure out what can be saved (then save receipts for cleaning). Otherwise figure out cost of what was lost.
Damaged goods, deposit, x days of rent remaining.
Tell LL to have a check in your hand by Tues. or you will pursue criminal and civil charges.

What LL did was beyond wrong...morally and legally. You've given plenty of time. Final bill paid by Tues.

[HardKnocks]

And I'm sure they picked through your stuff and took what they wanted, too.

[fashionista]

Originally posted by Downtown:
You are the legal tenant until the end of May.
LL is trying to throw you off by pretending maintenance guy acted without his authority. Too bad...so sad, LL is still liable for damages.
Minimally, created illegal eviction...or as TN stated could be trespassing and theft.
Where are the bags now. If clothes could be washed. Shoes a waste. Figure out what can be saved (then save receipts for cleaning). Otherwise figure out cost of what was lost.
Damaged goods, deposit, x days of rent remaining.
Tell LL to have a check in your hand by Tues. or you will pursue criminal and civil charges.

What LL did was beyond wrong...morally and legally. You've given plenty of time. Final bill paid by Tues.

yeh i am unsure exactly when the removal of my items occured i am assuming it was something this week. i never got a straight answer from my landlord.

i told him a majority of the stuff was damaged and would have to be tossed out and he was trying to get me to leave the stuff on the property which is something i won't do. not sure if he wants to examine the stuff himself or something else was going on.

being that the day i went it was pouring rain i did not remove my stuff from the basement but i did as i said earlier take pictures. outside of the fact i do not have a car, i was unsure if i should remove the property in case he wanted to see for himself (which i doubt he would even come and look) or the fact that i may be damaging my case by taking the evidence.

i also did not leave the key as i planned because i wanted an answer for what happened to my stuff. i was planning on leaving it weds (24th) when my relative comes and gets the items.

but come monday i do plan on asking for part of last months rent back since i paid to rent the apt not his moldy a** garage

BTW should i remove the items before i ask for compensation? or does it not matter?

<small>[ May 21, 2006, 06:45 PM: Message edited by: fashionista ]</small>

[Downtown]

If what you left is unsalvagable...then would remove a few items as evidence and leave the rest out as garbage. You have dated pics. the items will secure extent of damage.

[Anna]

If you discard any of the damaged goods, you will not have evidence of the damage to your property. If you sue LL, you will need also to prove the purchase price of same; further, the court can only award the depreciated value, not the replacement value.
Make a complete inventory: list plus pictures.

Your LL is probably required to have insurance for his bldg; get the insurance co & agent's name, etc.
If LL prefers not to file a claim, the he should compensate you for your loss immediately (plus return the sec dep).

Another point: if judge agrees this was an illegal eviction, you will be entitled to three times the value of the damaged goods, plus other related expenses pursuant to NY state law RPAPL § 853: "Action for forcible or unlawful entry or detainer; treble damages.
If a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence or by unlawful means, he is entitled to recover treble damages in an action therefor against the wrong-doer." Search the three usual places on is website for references to that law.

[fashionista]

ok let me ask this now....

lets just most of the stuff is not damaged. am i not still entitled to the rent back from the day he tossed my stuff outside till now because he removed my property WITHOUT my permission even though i paid the rent?

today i talked to him and again the story changes and he said i had told him i moved out. who moves out without leaving a key and leaves expensive appliances behind? (mini frige, computer printer, etc)i told him i was not sleeping there at this moment because i am closer to my job at the new place and i was coming back to get my stuff. although he protested he cannot deny he never picked up the phone to ask permission to remove the items and that i still had a key to the apt.

he claims he wants to go look at the stuff himself now, he also said the maintence guy has yet to call him back, like i should be sympathetic or something

[fashionista]

Originally posted by fashionista:
ok let me ask this now....

lets just most of the stuff is not damaged. [b]am i not still entitled to the rent back from the day he tossed my stuff outside till now because he removed my property WITHOUT my permission even though i paid the rent?

today i talked to him and again the story changes and he said i had told him i moved out. who moves out without leaving a key and leaves expensive appliances behind? (mini frige, computer printer, etc)i told him i was not sleeping there at this moment because i am closer to my job at the new place and i was coming back to get my stuff. although he protested he cannot deny he never picked up the phone to ask permission to remove the items and that i still had a key to the apt.

he claims he wants to go look at the stuff himself now, he also said the maintence guy has yet to call him back, like i should be sympathetic or something[/b]

i forgot to add that the LL is claiming because i turned off the phone at the old residence and had a new number (which i gave him) and a new address that i moved out and he was doing me a favor even though i told him i had items in the apt that i had not had a chance to get yet.....

[prezwintergreen]

I hope a more knowledgeable poster will correct me if I'm wrong, but in my opinion no good will come of continuing to discuss the matter with your landlord. You want to talk to an attorney and the police, not your landlord--unless it's just to state your demand for reimbursement for stolen and damaged goods, rent reimbursement and full security deposit--and no negotiation or discussion.

[fashionista]

Originally posted by prezwintergreen:
I hope a more knowledgeable poster will correct me if I'm wrong, but in my opinion no good will come of continuing to discuss the matter with your landlord. You want to talk to an attorney and the police, not your landlord--unless it's just to state your demand for reimbursement for stolen and damaged goods, rent reimbursement and full security deposit--and no negotiation or discussion.

technically i wasn't trying to negoiate with him but call to see if he has heard from his maintence man. he now is claiming the man hasn't/won't call him back. come weds i am going to back up my things, leave the key and file in small claims court

[Downtown]

Read Anna's post again.
You can sue for damaged articles. Still feel should have file police report immediately to establish illegal eviction. Would do asap.
LL's, he said she said....doesn't work. 1. Paid for May. 2. Never said I am out, remove my possessions.
Law is clear...treble damages. Will need police report to establish illegal eviction.
Add days left.

[fashionista]

i sent my landlord a copy of what was missing and what was damaged

now his story has changed considerable again and he is refusing to refund my deposit because he cleaned the apartment and painted. he also claims the items that were there were not there and the door was broken off the hinges. i left the apartment LOCKED and being that no large furniture was removed the door was intact.

he is also throwing up the fact that i paid him the rent late consistantly throughout the year because of financial problems and he never charged me late fees

i already did the police report based on the facts that i known to have happen but how do i go about proving my case so it is solid.........?

thanks