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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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In NYC, my roommate that was not in the lease, moved in on

Customer Question

In NYC, my roommate that was not in the lease, moved in on April 30, 2015.
On July 9, after verbal notice telling her I wanted her to vacate the room and move out by Aug 28. As I had another roommate moving in to the room.
She avoided acknowledging via text. And I never served her the 30 Days Notice letter the court requires. But she acknowledged via text that she was going to be out by Sep 1st. She packed everything and later that day said had problems with movers and she never showed up.
She left her belongings in the room and I asked if I could move them to the living room which she agreed.
The new girl moved in and the old one still has her belongings in the living room.
She said she was coming on Sat the 5th, and never came, nor communicated again to pick her things. 20 trash bags of clothes + shoes.
I was told I have to make her things accessible and cannot change the apt locks.
Please advise how can i make her come and remove her belongings...
Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Has the roommate given you back the key to the property?

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Do you have evidence (i.e. text, email, etc.) of her agreeing to vacate the room and let you move her property to the living room?

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Does she owe any rent?

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thanks

Barrister

Customer: replied 1 year ago.
No, she did not give the keys back.
Yes, she said I could move her things to the living room by text. And later says she was coming to pick it up with the moving company, but never made it, via text.No, she does not owe rent for August, but she things are here in September.
Customer: replied 1 year ago.
said it again, on Saturday she was coming and never made it.Again.
She' s buying time..
Expert:  Barrister replied 1 year ago.

Ok, then in a situation like this, what the person has done by leaving their property there is create a "voluntary bailment" with you being the bailee. A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address (which would probably be the property address). I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks Barrister!
Do you have a letter verbiage I can use? So I can prepare it to night and have it sent out tomorrow?Thanks
Expert:  Barrister replied 1 year ago.

Unfortunately, I can't prepare legal documents for customers as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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But you can just type something up based on what I stated above and it will suffice. There don't have to be any specific "legalease" wording in the notice.

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So if you said "X, you have created a voluntary bailment by leaving your personal property in my possession..... "" and go from there based on what I stated above.

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thanks

Barrister

Customer: replied 1 year ago.
Hi Barrister,I just want to make sure this would have legal value and I can be covered by the NYC law. And this is what I'm wriring:X,
You have created a voluntary bailment by leaving your personal property (clothes and shoes) bagged in the living room in my possession.
You have 7 days to remove your property or I’ll consider it abandonment and will dispose of it.Sincerely,
YThanks
Expert:  Barrister replied 1 year ago.

Yes, that should legally cover you from a contractual basis so that if you end up having to throw her stuff out and she tries to take any type of action...

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thanks

Barrister

Customer: replied 1 year ago.
ok Thanks a lot!
How can I follow up the later developments with you and hopefully rate 5 stars ?
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you ever need me in the future, you can just post a question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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thanks much

Barrister

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