What rights do I or don't I have?
My lease agreement was month to month. We gave notice in December, but needed some extra time, so the landlord agreed to accept payment for extra days. Yesterday was the end of the new agreement, but I've had trouble with getting all of my belongings out of the apartment for various work and family reasons. Can I call the cops to be escorted to get my belongings? Or are they now his? I honestly thought I had until today to get the rest but he won't even give me twenty minutes.
He threatened to call the cops and report me for trespassing if I showed up to get the three items that are left
New York state area. Upstate more specifically
- Landlord365Lv 51 month agoFavorite Answer
What he is trying to do is illegal. He can call the cops but they will not do anything without a court order. You are not trespassing. He cannot keep you from getting your stuff.
When a tenant fails to completely move out on the agreed date the landlord must properly & legally evict the tenant before they can forcibly keep the tenant off the property.
A tenant must be legally evicted & abandoned property laws for your state must be followed before a landlord can legally get rid of any of your personal property. Failing to do so is theft.
Sometimes the police will go with you to keep the peace. It does not hurt to call the non emergency # & ask.
- sunshine_melLv 71 month ago
The landlord doesn't have to give you any extra time beyond the end of your lease (which ended at midnight yesterday).
The belongings are yours - but the landlord now controls access. You can expect a bill too for leaving things behind (and presumably cleaning fees etc).
Ask the landlord NICELY when you can arrange access to remove your remaining belongings. The police will not help; the landlord hasn't broken the law.
- R PLv 71 month ago
Did you give the keys to the landlord? If so, you surrendered possession of the unit & the landlord does not have to allow you back on the property. However, depending on NY's laws, he may have to store your stuff for a period ifbtime, but that will ve at your expense.
If you still have to keys, you still owe rent since you still have possession of the unit. Offer the additional rent when you call the landlord to arrange getting your things & giving him the keys.Source(s): FL landlord
- babyboomer1001Lv 71 month ago
You don't have business on the property so he CAN have you arrested for trespassing. You moved out. What you "thought" does not make it so. You abandoned what you left behind. It was likely thrown out when maintenance went in to clean up and ready the place for the next tenant. Move on, and pay closer attention to your move out date next time. Sorry but, that's just how it goes.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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- Pearl LLv 71 month ago
if you cant get your stuff out ask the police to help you
- JudyLv 71 month ago
No you can't call the cops, they aren't going to escort you, You might be able to go to court, and get a judge to agree to let you get it. The landlord can charge you storage. If yesterday was the end of the agreement, what made you think you had today yet to finish?
- SimplytheFACTSLv 71 month ago
in the US, you can't be forced out without a court order, even if you over stay your notice of termination of tenancy.
you can legally go there.
how much have you offered to pay for inconveniencing him?
i would call the police (non emergency number) and ask for an escort. tell them you are violating your notice, but have not been evicted by a court.
landlord can initiate procedure to evict you for being a hold over..including expenses/penalties issued by the court...and you will have it on your record.
- Anonymous1 month ago
Its not trespassing. But you may end up with bad credit & be unable to rent again if you don't eventually make him happy. eviction takes time. He does not want to have to go thru that. But you need to get your stuff out asap and pay what you owe.
- Anonymous1 month ago
You've said nothing about what country you're in let alone which city/state if in the USA.
No one here knows what your lease says or what the addendum says.
No, the police won't help you with this. This is a civil matter, not a criminal matter.
What three items are you referring to? Are they valuable? Hard to move?
The landlord isn't obligated to store your things for free and if he had a tenant scheduled to move in, leaving your stuff there was a problem for him. Money is probably the most expedient way to solve this problem. Whether you have any money or how much your stuff is worth to you...I have no clue.
Yes there are laws about steps required to deem property as abandoned. There are also laws about leaving trash behind when you move out. No one here can judge whether you left property of value or trash...you gave no details.
- PearlLv 71 month ago
if he wont let you get your stuff you might need the cops help
- Anonymous1 month ago
No one knows where in the world you are, or what type of proof you have of the extension agreement. I do know that it's common for "trash" left behind after a tenant moves out to be hauled away ...and for the tenant to be charged for it.
Your "various reasons" for not clearing out your belongings on time are not the landlord's problem.