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Old 09-14-2016, 03:07 PM
 
5 posts, read 4,489 times
Reputation: 10

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Our landlord has given us a month to move out. I'm wondering what I am legally responsible to remove from the apartment? Can we leave furniture?

This is the 3rd floor apartment of a three level building, just barely outside a city.

"We" haven't had a lease since 2006. The original three roommates (whose names were on the 1-year lease) were friends of mine, and I moved in in 2009. The original three moved out years ago. The house is full of old furniture that doesn't really belong to anyone, just stuff the 10+ roommates have left behind over the years. The original three paid a security deposit, but that hasn't transferred to the new roommates, and no one is expecting any money back.

The landlord is a sickly old man, and hasn't been to the apartment in 10 years, nor has he sent or hired anyone to do maintenance. I have personally done most of the carpentry, electrical, plumbing, and painting. The kitchen sink doesn't work, the doorbell doesn't work, there are no smoke detectors, ALL of the electricity in the apartment is ungrounded, the oven doesn't work, only one of four stovetop burners work. To be honest, he probably doesn't have any clue about these issues. He doesn't do email or phone, just letters.

Out of the blue he tells us that we need to leave the apartment... he's selling it for a fortune.

If we leave behind couches, tables, a bed, dishes, etc, what's the worst that could happen? I don't feel like I owe this man any favors, after all this time of being in absentia, but I also don't want to be sued.

Thanks
-Andrew

Last edited by ADWill; 09-14-2016 at 03:22 PM..
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Old 09-14-2016, 03:11 PM
 
Location: Los Angeles
2,914 posts, read 2,689,462 times
Reputation: 2450
He can deduct from your deposit the cleaning / hauling expenses. It could taint your renting record when you apply for apartments in the future if the landlord speaks to the old man and he has bad things to say.
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Old 09-14-2016, 03:23 PM
 
5 posts, read 4,489 times
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Quote:
Originally Posted by Big-Bucks View Post
He can deduct from your deposit the cleaning / hauling expenses. It could taint your renting record when you apply for apartments in the future if the landlord speaks to the old man and he has bad things to say.
I forgot to mention: The original three roommates paid a security deposit, but that hasn't transferred to the new roommates, and no one is expecting any money back.
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Old 09-14-2016, 03:31 PM
 
Location: NYC
1,869 posts, read 1,338,053 times
Reputation: 594
Quote:
Originally Posted by ADWill View Post
Our landlord has given us a month to move out. I'm wondering what I am legally responsible to remove from the apartment? Can we leave furniture?

This is the 3rd floor apartment of a three level building, just barely outside a city.

"We" haven't had a lease since 2006. The original three roommates (whose names were on the 1-year lease) were friends of mine, and I moved in in 2009. The original three moved out years ago. The house is full of old furniture that doesn't really belong to anyone, just stuff the 10+ roommates have left behind over the years. The original three paid a security deposit, but that hasn't transferred to the new roommates, and no one is expecting any money back.

The landlord is a sickly old man, and hasn't been to the apartment in 10 years, nor has he sent or hired anyone to do maintenance. I have personally done most of the carpentry, electrical, plumbing, and painting. The kitchen sink doesn't work, the doorbell doesn't work, there are no smoke detectors, ALL of the electricity in the apartment is ungrounded, the oven doesn't work, only one of four stovetop burners work. To be honest, he probably doesn't have any clue about these issues. He doesn't do email or phone, just letters.

Out of the blue he tells us that we need to leave the apartment... he's selling it for a fortune.

If we leave behind couches, tables, a bed, dishes, etc, what's the worst that could happen? I don't feel like I owe this man any favors, after all this time of being in absentia, but I also don't want to be sued.

Thanks
-Andrew
He has to give you 30 days notice and legally he could charge you for removal expenses.
What about your security deposit?
If you did all the maintenance and repairs in the house, do not mention at all the left-behind furniture of previous tenants, maybe it is a wash!
Does the previous lease state that you have to leave the house "professionally cleaned and totally emptied?"

So you stated that all previous tenants cashed in on their security deposits?

You have to decide waht is better for you:

To talk it over with your landlord or just not talk about it and leave.
Remind him of all the work you did in the house and all the defunct appliances!

He could qualify as a slumlord!
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Old 09-14-2016, 03:36 PM
 
5 posts, read 4,489 times
Reputation: 10
Quote:
Originally Posted by rent.in.nyc View Post
He has to give you 30 days notice and legally he could charge you for removal expenses.
What about your security deposit?
If you did all the maintenance and repairs in the house, do not mention at all the left-behind furniture of previous tenants, maybe it is a wash!
Does the previous lease state that you have to leave the house "professionally cleaned and totally emptied?"

So you stated that all previous tenants cashed in on their security deposits?
To be clear, he HAS given us 30 days, in fact a month and a half (end of October).

No one knows where the original lease is.

When the original roommates moved out, they never asked the new ones for a security deposit, so as far as we're all concerned that money is the landlord's to keep, regardless of how clean the place is.
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Old 09-14-2016, 03:39 PM
 
Location: NYC
1,869 posts, read 1,338,053 times
Reputation: 594
Quote:
Originally Posted by ADWill View Post
To be clear, he HAS given us 30 days, in fact a month and a half (end of October).

No one knows where the original lease is.

When the original roommates moved out, they never asked the new ones for a security deposit, so as far as we're all concerned that money is the landlord's to keep, regardless of how clean the place is.
If the LL kept all the security deposits then he can take care of the removal costs and deduct it from security deposits that are in his possession. Then the sec dep were rolled over to the new, incoming tenants.

How many years does the LL already hold on to the security deposit?
Actually, the LL has to share 50:50 the interests on the sec dep with the tenants.
How many years before 2006?
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Old 09-14-2016, 04:26 PM
 
5 posts, read 4,489 times
Reputation: 10
Quote:
Originally Posted by rent.in.nyc View Post
If the LL kept all the security deposits then he can take care of the removal costs and deduct it from security deposits that are in his possession. Then the sec dep were rolled over to the new, incoming tenants.

How many years does the LL already hold on to the security deposit?
Actually, the LL has to share 50:50 the interests on the sec dep with the tenants.
How many years before 2006?
Yes, he has the original deposit of $2000+, we were not expecting to ever see it again at this point.

2006 was the first year, and the ONLY year with a lease.
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Old 09-14-2016, 04:40 PM
 
539 posts, read 567,053 times
Reputation: 976
If the landlord is as old and decrepit as you claim, so much so he only communicates through letters alone, and you have done all repairs, meaning he is unable to to the repairs himself, it's kinda rude of you to just leave all the heavy furniture after him allowing you to live in his apartment for ten years. If he can't financially handle the place anymore, meaning it mau stress him out too much im his age, what makes you think he is physically capable of hauling out furniture? From the third floor? If you don't want it, and no one you've contacted wants their crap back, start throwing things in the dumpster every week. Or donate it all so others can utilize these things.
Dont just leave it for him to take care of, that's extremely inconsiderate.
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Old 09-14-2016, 04:56 PM
 
5 posts, read 4,489 times
Reputation: 10
Quote:
Originally Posted by MigratingCoconut View Post
If the landlord is as old and decrepit as you claim, so much so he only communicates through letters alone, and you have done all repairs, meaning he is unable to to the repairs himself, it's kinda rude of you to just leave all the heavy furniture after him allowing you to live in his apartment for ten years. If he can't financially handle the place anymore, meaning it mau stress him out too much im his age, what makes you think he is physically capable of hauling out furniture? From the third floor? If you don't want it, and no one you've contacted wants their crap back, start throwing things in the dumpster every week. Or donate it all so others can utilize these things.
Dont just leave it for him to take care of, that's extremely inconsiderate.
He can't climb the stairs to the apartment, so ALL of the work that needs to be done to this apartment before it can sell needs to be done by hired help.... and there is a LOT of work, even if the place was clear. Not that that's an excuse, but isn't it time maybe he lift a finger to do his job? Spend some money on this place for a change?

For what it's worth, the first and second floor neighbors are very fond of us, and encourage us to make the landlord deal with it.
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Old 09-14-2016, 05:06 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Just take good pics and start posting all of it on the free section of CL (if you don't want to carry it down) and let people come by and get it down the stairs themselves. If you don't get any bites in a week or so on the free section then start taking stuff down to the curb as you come and go and post another ad with a pic you took for the first ad and say it is on the curb. One of those options should work. You would be surprised how quickly things will disappear from the curb as opposed to people trying to schedule a time for pick up.
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