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-   -   In nys how long to I have to keep an ex's stuff after he moves (https://www.askmehelpdesk.com/showthread.php?t=266919)

  • Oct 6, 2008, 08:04 PM
    help4mommy2b
    In nys how long to I have to keep an ex's stuff after he moves
    I was wondering if anyone can tell me how long I have to keep my ex's stuff. He moved out on August 3, so it has been past 60 days. He packed most of it and put it in the garage and made an agreement with the landlord. That's fine. The stuff that he left in my house I wish to dispose of. Can you tell me how long? Do I have to send a letter? He thinks he has 90 days. Before he moved I told him to take it all with him. And since then I have been telling him I am going to dispose of it. I feel 60 days is plenty of time. I have a small place and wish to move on from the past, and I don't feel I should be a storage unit. Any help would be great. Thanks.
  • Oct 6, 2008, 08:35 PM
    rockinmommy

    There's a "sticky" at the top of this forum with a link to each state's LL / tenant property code. I'm not positive that the same rules would apply, since he wasn't your tenant... but it should give you a pretty good guideline what's expeceted for abandoned property.

    You're right in that you shouldn't have to keep it around indefinitely. But typically you do have to give the person some WRITTEN notice (usually about 30 days) of your intent to dispose of the stuff.

    Is there some reason you can't pack the rest up and put it with the rest of his stuff in the garage? It shouldn't be your responsibility to do that, but it at least would get it out of your space without acutally disposing of it.
  • Oct 6, 2008, 08:49 PM
    help4mommy2b

    I could pack up the rest of the stuff and put it out there. But if something happens to it out there am I reasponsible for it still?
  • Oct 7, 2008, 06:18 AM
    rockinmommy
    He could try to claim that you are.

    What type of stuff are we talking about? Anything with monetary value? And how much stuff?

    Honestly, if you're willing to pack it up - in order to just be done with it once and for all - just take it to him. Find a time when you can catch him in person.

    Otherwise, you're back to giving him written notice of your intent to dispose of the stuff, etc.
  • Oct 7, 2008, 06:40 AM
    JudyKayTee
    Quote:

    Originally Posted by help4mommy2b View Post
    i could pack up the rest of the stuff and put it out there. but if something happens to it out there am i reasponsible for it still?


    You have to be reasonable when it comes to safeguarding this property - for example, you couldn't place it in an open garage.

    Now, after you've notified the person he has 30 days to pick it up, well, then it's different.
  • Oct 7, 2008, 06:58 AM
    help4mommy2b

    He moved to Washington, and left everything. The stuff left in my apartment is not worth anything, an old toaster, a microwave, a rack, some baby clothing from his son that no longer fits, baby toys.. maybe some clothing, really just junk. So I can't bring it to him. I have verbally told him of 30 days. Does that count? I doubt he will ever come back for what he left, as none of it is worth the money to move it to Washington.

    So since he left his other stuff in the garage, me placeing the rest of in it there could be conseidering not safe guarding it? This just seems crazy cause it has been so long! If I moved out of an apt and left stuff I am sure the landlord would toss it and clean up before the next person moves in...
  • Oct 7, 2008, 07:07 AM
    JudyKayTee
    Quote:

    Originally Posted by help4mommy2b View Post
    he moved to washington, and left everything. the stuff left in my apartment is not worth anything, an old toaster, a microwave, a rack, some baby clothing from his son that no longer fits, baby toys..maybe some clothing, really just junk. so i can't bring it to him. i have verbally told him of 30 days. does that count? i doubt he will ever come back for what he left, as none of it is worth the money to move it to washington.

    so since he left his other stuff in the garage, me placeing the rest of in it there could be conseidering not safe guarding it? this just seems crazy cause it has been so long! if i moved out of an apt and left stuff i am sure the landlord would toss it and clean up before the next person moves in...



    Right, but in law - at least in NY - he left it with you. Did he abandon it? Well, I agree with you. He moved and he's not coming back for junk.

    BUT - I would still send him a letter telling him politely but loud and clear that you are disposing of his belongings in 30 days (from the date he receives the letter) unless you hear from him IN WRITING WITHIN 30 DAYS with some sort of plan to retrieve his stuff.

    Then he either picks it up or you dump it. No legal problems, his stuff is gone!
  • Oct 7, 2008, 07:21 AM
    help4mommy2b

    OK thank you. A letter is going out today.
  • Oct 7, 2008, 07:32 AM
    ScottGem

    Yes you want to protect yourself. So putting it in writing and sending it with return receipt requested protects you.

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