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My husband and I recently moved because or landlord informed…

Customer Question
My husband and I...

My husband and I recently moved because or landlord informed us he was selling his house. It was quite a process and my husband was quiet ill and hand required surgery. I must agree the landlord was good about giving us extensions. Unfortunately I became very ill and was hospitalized the last week we were moving. The landlord tells me because he served me with eviction papers I cannot retrieve my music which was inadvertently left in the piano bench. First of all I did not get a final eviction notice at the hospital. I imagine my husband did but I never saw one, Secondly UPS delivered 2 boxes of x-mas presents which I purchased well before we were at our new address. The landlord never informed me if the items came. I stopped over one day and looked in the garage and sure enough the deliveries were there. I notified the land lord and asked him if I could arrange to get the music and my deliveries. He was extremely rude and told me if I cam near the house again he would have me arrested. I have a picture of the deliveries in the garage and the piano bench. He does not care if I was in the hospital and doesn't seem to realize if I was in the hospital I could not retrieve my property. Please help me find out what I can do to retrieve what is mine. Theresa Haskell

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Cortland, New York

Lawyer's Assistant: Has any paperwork been filed?

Not I my part, still recovering

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If I do not get the deliveries, I will still have to pay for them.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 1 minute by:
11/15/2017
Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

I'm sorry you had to deal with this while having to deal with medical issues and hospitalization.

There is no statute that governs this but common law in NY indicates that the landlord becomes a gratuitous involuntary bailee so they are essentially a constructive trustee over the property and must act with due care. This means they canot dispose of the property and rather must inventory the property, store it and notify tenant where the property is located.

Landlord can charge reasonable moving/storage feees.

If landlord fails to return the property or disposes of it before a reasonable time has elapsed (not defined, but generally 30 days) the tenant can sue for damages, or if the property is still accessible, for an injunction ordering the landlord to return the property.

The tenant may also request court fees required to litigate the matter.

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

Hello again; just checking in to see how things worked out;

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