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Posted by TenantNet on January 11, 1998 at 11:01:16:

In Reply to: abandoment?! posted by mary on January 08, 1998 at 12:49:28:

: My daughter recently moved from downstate to the Albany area. While moving she made arrangements with her landlady to use her security as last month's rent. My daughter did not tape this phone conversation and nothing was written. Her landlord did call her at her new apartment. When she returned to the old apartment with the moving truck almost everything had already been removed from the apartment. the landlord claimed that since she was 10 days late she had abandoned the apartment and that they had every right to clean out the residence in order to rent it again. My daughter recovered only a few of her posession. We have a lawyer and are pursuing this issue in court. In New York there seem to be no laws defining abandoment. If anyone has any info or suggestions please reply-- soon!!

There's a string of cases on this subject (which I don't want to type in)
but check Andrew Scherer's Residential Landlord-Tenant Law in New York
section 2.08 (1996 ed.) or have your lawyer do it. Generally ten days
does not establish abandonment and the burden is on the landlord to
make a showing. Go after that landlord for the value of the possessions
as well as other things. (punitive, emotional, etc.)

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: : My daughter recently moved from downstate to the Albany area.  While moving she made arrangements with her landlady to use her security as last month's rent.  My daughter did not tape this phone conversation and nothing was written.  Her landlord did call her at her new apartment. When she returned to the old apartment with the moving truck almost everything had already been removed from the apartment.  the landlord claimed that since she was 10 days late she had abandoned the apartment and that they had every right to clean out the residence in order to rent it again.  My daughter recovered only a few of her posession.   We have a lawyer and are pursuing this issue in court.  In New York there seem to be no laws defining abandoment.  If anyone has any info or suggestions please reply-- soon!! 

: There's a string of cases on this subject (which I don't want to type in)
: but check Andrew Scherer's Residential Landlord-Tenant Law in New York
: section 2.08 (1996 ed.) or have your lawyer do it. Generally ten days
: does not establish abandonment and the burden is on the landlord to 
: make a showing. Go after that landlord for the value of the possessions
: as well as other things. (punitive, emotional, etc.)


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