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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9858
Experience:  Commercial and residential leases in NY & NJ & US
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How do I get my items from my landlord after being locked

Customer Question

How do I get my items from my landlord after being locked out from an eviction?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 1 month ago.

Hello, my name is Richard and I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

What state are you in? Was the eviction for non payment of rent?

Customer: replied 1 month ago.
New York State. He refuses to give me my stuff until I pay what I pay him in full by November 1st at which time time he will sell everything at an estate sale
Customer: replied 1 month ago.
I prefer to chat as I'm in hospital
Customer: replied 1 month ago.
It was for non payment of rent. Are you still there?
Expert:  Richard - Bizlaw replied 1 month ago.

I stepped away for a moment. Do you want to talk on the phone or is this sufficient way to communicate.

Customer: replied 1 month ago.
I cannot tallk only text as I am in the hospital
Customer: replied 1 month ago.
Are you there?
Expert:  Richard - Bizlaw replied 1 month ago.

That is fine. If you were evicted, you have about 30 days to get your property from the unit. If the property is still in the apartment you do not need to pay back rent to get your belongings. The landlord has to make your property available and is liable if he has caused any damage. If it is in storage you will have to pay the storage costs but not the back rent.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 month ago.
My belongings are still in the home as it was only locked up by the sheriffs department yesterday. He is refusing to give me my belongings and is threating to sell them on Tuesday if i don't pay up by then. Do I need to contact the court on Monday so they can contact him or what should I do?
Expert:  Richard - Bizlaw replied 1 month ago.

You should contact the sheriff's office and make clear that you will remove your property and that the landlord i threatening to sell your property unless he get all back rent paid in violation of NY law. Then contact the court and explain the problem to the court and the fact that you are in the hospital and need an order to protect your ability to get your property. In an emergency you may be able to get such an order by phone.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Expert:  Richard - Bizlaw replied 1 month ago.

I sent you the answer to your question a few days ago. If you do not have any additional questions, please highly rate my answer as that is how I get credit for working on your question.

Customer: replied 1 month ago.
I have contacted both the sheriffs department and the court. The landlord still refuses to give me my belonging as says he will sell them if I don't pay by 5pm tomorrow.
Expert:  Richard - Bizlaw replied 1 month ago.

What did they tell you?

Customer: replied 1 month ago.
The court told me to contact legal aid. I made numerous calls to them and only got a message machine. The sheriffs office called the landlord and got nowhere. I need to get my belongings asp. I don't have my medicine, me and my children have no clothes and I don't have my vehicle because my keys are locked in the house.
Expert:  Richard - Bizlaw replied 1 month ago.

If you cannot get legal aid you need to go to court and file a motion seeking an emergency order directing the landlord to allow you into your unit to obtain your belongings. What you will do is prepare an order to show cause. YOu can get a form online. In the order you will say that the court orders the landlord to allow you access to the apartment to get your beloings. In support of the requested order to show cause you will prepare an affidavit in which you will explain the things you put in this post and the fact that your car keys and all your children's belongings are in the apartment. In an emergency the court can act in an emergency and even though your papers are hand done and not in the best legalese, the court can act on your request.

Prepare the papers ahead of time and before you go to court call the landlord and tell him you are going to court to get an order allowing you to get into the unit without paying anything. You have to give the landlord notice that you are going to court to make the application and telephone notice is sufficient.

If I have answered all your questions, please highly rate my answer as that is how I get credit for working on your question.

Customer: replied 1 month ago.
Can you lead me to the website or the link where I can find this document online so I can print it online in am
Expert:  Richard - Bizlaw replied 1 month ago.

To get an order to show cause you will need a supporting affidavit. / Here is a link to the affidavit in support of the order to show cause.

https://www.nycourts.gov/COURTS/nyc/housing/forms/CIV-LT-13.pdf

It looks like in NY housing court the court prepares the order to show cause and you just submit the affidavit explaining what you need. I have put the link on the housing part website that explains the order to show cause process below. The will have a blank form you can use

https://www.nycourts.gov/courts/nyc/housing/osc.shtml

Just in case, I attached a sample Order to show cause.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 month ago.
I prefer to text. I need to know if this affidavit is specific to NYC as I live in upstate New York. Time is of the essence.
Expert:  Richard - Bizlaw replied 1 month ago.

The form of the order to show cause can be adapted to any court in the state. When you go to the court they will give you a form you can use. I am not available by text as I will be going off line shortly for the rest of the day.

Your focus should be on making the affidavit complete with all the points you have discussed in your posts. The court itself will probably prepare the Order to show cause but I wanted you to have something as a guide in case you had to prepare the order to show cause for the judge.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.