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Posted by Anna on June 29, 1999 at 23:35:34:

In Reply to: LL threw away my furniture posted by Hello Kitty on June 28, 1999 at 14:42:02:

: I moved out of my studio after I ended my lease prematurely and the landlord has
: decided to withold my security deposit. But I found that nowhere in my lease does
: it state that the tenant is required to give 30-60 days' notice before ending the lease--
: which was the reason my landlord used against me to withold the deposit. Not only
: that, he refused to speak with me on the issue many times, so we didn't even have
: a direct negotiation. The one thing I did wrong is that I didn't give him written notice.
: Does this make a case in court?

: After I moved out, I had a few pieces of furniture which I left
: behind because my new place can't fit them all. I was thinking of selling them to the
: subsequent tanent, and the super of the building said that was fine. But one day
: the LL asked the super to throw everything away! Does the LL have the right to do
: so without my consent? Or is it my fault to leave the furniture there?

If you notified the landlord or his agent that you had moved out & returned the keys, he probably did have a right to consider the furniture abandoned.

If you sue him in small claims court for the security deposit, add the estimated depreciated value of the furniture & see what the mediator or judge says. It could have been worse: read this: http://www.tenant.net/forum/board/messages/5850.html

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Comments:
: : I moved out of my studio after I ended my lease prematurely and the landlord has
: : decided to withold my security deposit. But I found that nowhere in my lease does
: : it state that the tenant is required to give 30-60 days' notice before ending the lease--
: : which was the reason my landlord used against me to withold the deposit. Not only
: : that, he refused to speak with me on the issue many times, so we didn't even have
: : a direct negotiation. The one thing I did wrong is that I didn't give him written notice.
: : Does this make a case in court?

: : After I moved out, I had a few pieces of furniture which I left
: : behind because my new place can't fit them all. I was thinking of selling them to the
: : subsequent tanent, and the super of the building said that was fine. But one day
: : the LL asked the super to throw everything away! Does the LL have the right to do
: :  so without my consent? Or is it my fault to leave the  furniture there?

: If you notified the landlord or his agent that you had moved out & returned the keys, he probably did have a right to consider the furniture abandoned.

: If you sue him in small claims court for the security deposit, add the estimated depreciated value of the furniture & see what the mediator or judge says.  It could have been worse: read this: http://www.tenant.net/forum/board/messages/5850.html


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