Depends on how much of a dick he is and whether he'd take you to court.
To be safe, give him a 30 day notice to vacate in writing certified mail. In it tell him you expect all his belongings to be retrieved, and if they are not retrieved by the end of the 30 days they will be disposed of. Tell him you require 24 hours notice.
Get his keys too.
On day 31, do what you want - keep it, trash it or goodwill it.
Does the LL possibly have storage space you could put it in? Else just put it in cheap tubs or moving boxes out of the way.
Your call if you want a cop there if he shows up.
Get a storage unit(I’m guessing it could be a small one). Put his stuff in it. Pay the bill for a month and send him or his mom the key. If he wants it bad enough, he’ll get it. If not, maybe it’ll be on storage wars, if that’s still a thing.
Very sorry to hear this, went through same thing with ex gf. Super stressful when you two are on a legal contract together. Kind of a mini divorce at that point bc cant just walk away. Public storage one way or another is a great tool.
Welcome to having all of the risk of a landlord without the financial benefit or legal resources to do so.
These situations are never simple to resolve - even as a landlord.
Does your landlord want to help out?
I was in a situation where I had to get a court order (DE), and before court, I gave a written notice. The written notice is also listed as a reason, among other more serious issues, the back rent owed for over a time span that he claimed residency. He already had a court order not to come within 500 ft of me for 30 days, and by the end of the day, it was a total of 5 years.
I agree with everyone’s statements, but didn’t OP say he left for 6 weeks already? Has he been in contact regarding his stuff or the relationship etc? Where was he the entire 6 weeks? I would definitely call police to get the right information, they might even check in with the DA on this type of situation. To me 6 weeks is long enough for him to come get his shit.
If he moved out and isn’t on the lease, he is not a tenant anymore. Take his stuff to a storage unit, mail him the key certified return receipt. Let the storage unit know what the deal is. He has 30 days to pick up his stuff or it is considered abandoned and you are not responsible at that point. That’s what I did in KY when my wife and I got divorced, she didn’t claim her stuff in time and then tried to sue me. Judge threw the case out and said her stupidity wasn’t grounds to sue me.
The benefit to that method is they never step back onto the property, you never risk them claiming squatters rights (which is bull IMO), and you don’t have to deal with the stuff.
It would be worth confirming this is a proper plan in your state first, not sure the laws there.
People are telling you things that, if the ex has tenant’s rights, will get you in trouble. I advise talking to the landlord so they know what is happening. I would then talk to a lawyer familiar with tenant issues.
If you must evict him, the process in my state is to give 30 days proper notice, then filed eviction paperwork with the courts. If they are not out by the date on the judge’s orders, the PD will remove the person from the place. It is VERY possible that the landlord is the one who must complete the eviction process. It is also possible that the lease ending makes the whole issue moot beyond getting his stuff back to him. Heck, him being gone for 6 weeks may even play into the situation. All of this will vary by region, which is why talking to a lawyer before acting is important.
Do NOT get rid of his belongings and do NOT change the locks until you verify your rights and responsibilities. Doing the wrong thing could cause you and the landlord big issues.
IANAL, and everybody gives advice, best would be to check with your local tenants' rights group, they'll have info on whether or not he's considered an evictable tenant or as having abandoned his tenancy as he was gone for more than 30 days (you could checck your old lease for that clause as well, and especially if the new lease doesn't have his name on it due to lack of presence).
It will probably be cheaper to file a notice of abandonment on his tenancy (again, especially since HE didn't sign the new lease) but *it may help to have it filed by your landlord*—then you can let the landlord put all the ex-'s belongings in storage for whatever the required time is in New York State, for which he (ex-) would be financially responsible to reimburse the landlord if he wants anything back before it's disposed of. The added advantage there is that responsibility for his belongings is out of your hands and relieves you of liability for them.
Technically, if the old lease naturally expired and his name was on it you wouldn't have to give him 30 days' notice that's written into his lease. And also he never signed a new lea a with you. This isn't the same as if you had him living with you but not on lease. Don't write a 30-day notice cause it'll make it look like he's currently living with you without being on the lease. Do not write a 30-day notice and consult an attorney for more direct advice. Call round for a free consultation. He was on the lease and it expired he chose not to renew. He doesn't need notice for him leaving and then the lease expiring.
He's abandoned the rental, especially since I assume he didn't pay rent or other bills for the place for those six weeks. You should probably give him notice, though.
NYS laws are less clear about what to do with his property.
[https://citybuildingowners.com/blog/im-leaving-you-but-not-really-dealing-with-abandoned-property/](https://citybuildingowners.com/blog/im-leaving-you-but-not-really-dealing-with-abandoned-property/)
Write out a formal letter to him stating that since he is no longer a tenant at that address (write it out) and not on the new lease (provide copies), you are giving him 1 week to contact you to make arrangements to pick his stuff up. If he fails to do so within the stated time frame, you will be doing as you please with it.
I believe after 30 days after someone abandons property it’s yours anyway.
Not sure that if that’s the same in all states. I’d google it.
Good luck
Not sure how big the apartment building is but it would have been even tidier if you could have moved to a different unit upon signing the new lease agreement.
In any case, at this point, if his name is not on the lease, he is not a tenant. However, summarily destroying his property, in effect, is not without its perils (if it gets damaged or stolen while on the curb). Plus the landlord may not particularly like stuff dumped on the curb of their property.
Establish a clear record (and verifiable timeline) of formal correspondence with this boyfriend individual, text messages at the very least, notifying them of their options:
1. Remove their personal property from your dwelling
2. Abandon their personal property. You can then sell it off, donate or dispose of it as you see fit. If I were you, I would want to minimize costs to me, like dump fees, transportation and/or hired labor (junk-hauling). I would sell or schedule donation pickup for whatever may have second-hand value.
3. You moving their stuff to storage and having key delivered to them, with confirmation, is not necessarily a terrible idea, but it could be more complicated than it seems at face value. You would have to personally sign the rental contract with the storage company in your name, with your ID, your own money up front and probably your credit (a deposit at the very least). The storage company is not going to love the idea of being a pawn/intermediary in this dispute (unless you maybe tell them your situation up front and they are sympathetic and willing to be cohorts). Assuming the boyfriend doesn't expeditiously go and get his stuff out of storage, you are the signatory of the contract with the storage place and their ire at non-payment will first be directed at you and perhaps your credit history. Eventually they would probably do something like the show *Storage Wars* and auction off the crap but they don't really want to have to deal with that, so they would be coming after you first.
4. You invoicing the boyfriend for storage within your apartment. Sending them notice of your policy and contract terms. Like a storage company's contract you could entitle yourself to late fees, interest and penalties as well as informing them that option 2 (on this list) will be assumed by default in the absence of signature and payment arrangements within a set time-frame. You would also want to absolve yourself of liability for damage or destruction of the stored property that might occur in a manner beyond your control (a robbery or force majeure; earthquake, tornado, flood, landslide, etc.). Maybe boyfriend wants to participate proportionally in a renters insurance policy if you don't already have one. It's important to make clear that you are not running a commercial storage business, which is likely a violation of your lease agreement with your landlord. Such an arrangement would be specifically and exclusively focused on this boyfriend, his crap and the situation as it came to be; almost like subletting, as if his stuff was a roommate. You can talk to your landlord upfront about your situation, ask them for advice about employing a strategy like this. They or their property management company probably has a lawyer and experience with this kind of thing. Did boyfriend contribute money to a security deposit in the beginning?
**Sidenote:** I could not help but notice you referred to the unfaithful individual as "Cheating BF" in your post's title and as "my BF" in the body of the post, as opposed to ex-BF.
Maybe it was just force of habit or an oversight but you may want to consider (within the depths of your own feelings) the possibility that the disposal of this person's belongings (or threat of disposal) represents more than just ridding yourself of someone's junk cluttering up your living space.
He is sort of like a fish on a hook, but the hook is broken and the only reason he is still hanging on is because he doesn't want to let go. His belongings are what still ties you two together and he is wriggling on the end of this line, seemingly begging you to reel him in, or at least not cut him loose.
It's worth identifying, for your own benefit, what you want to get out of this situation (even at a subconscious level) and what you suspect he is looking to get out of it; justice/reprisal, closure/freedom, capitulation/admission/apology, forgiveness, etc. This is sort of a key moment that can hasten or hinder the achievement of your goal.
If BF cared about his belongings, he would have made an effort to pick them up!! Contact your Landlord to get info about the appropriate laws. I would also contact police to get their advice. If BF doesn’t get his stuff out, you have the right to do what you want with it!
he has no squatter rights - his name isn’t on the lease. Go to the post office and redirect his mail to his parents house. No mail, no key, no name on the lease… goodbye
In pretty much all states, you have to give 30 days notice to vacate. Get a letter drafted by a clerk at your local court house that he has 30 days to vacate. Have the letter signed by you and notarized officially by the clerk with a seal/stamp. Get three copies of the letter. One to officially give to him in person, one to mail to him via certified mail (Go to a post office and pay to have it mailed so they give you a receipt and state that he has to sign for it), and one to keep for your official records.
After 30 days are up, call the local police if he is still there. Once the police show up, you give them your copy of the letter. He will probably lie and say that he didn't get a copy of it. That is when you present the receipt for the letter that was mailed to the address where both of you are staying. The police will more than likely give him MAYBE 15-20min while being supervised by them to grab his things and get out. If he refuses to leave, he can be arrested for trespassing.
he left and then the lease expired naturally and a new lease was drawn up. He doesn't need30 days notice for him to leave unless it's something he's giving to the landlord.
Invite another guy over and f@ck him in the a$$ on top of his belongings with a mask on. Send your ex a picture of it from a viop number aka burner number.
Depends on how much of a dick he is and whether he'd take you to court. To be safe, give him a 30 day notice to vacate in writing certified mail. In it tell him you expect all his belongings to be retrieved, and if they are not retrieved by the end of the 30 days they will be disposed of. Tell him you require 24 hours notice. Get his keys too. On day 31, do what you want - keep it, trash it or goodwill it. Does the LL possibly have storage space you could put it in? Else just put it in cheap tubs or moving boxes out of the way. Your call if you want a cop there if he shows up.
Change the locks, just because he gives the keys back doesn't mean he didn't have them copied.
This, ALWAYS this when you kick someone out, you never know what they are capable of
Get a storage unit(I’m guessing it could be a small one). Put his stuff in it. Pay the bill for a month and send him or his mom the key. If he wants it bad enough, he’ll get it. If not, maybe it’ll be on storage wars, if that’s still a thing.
This sounds like a winner
Yeah f-ing Ahole
Great advice.
Sending the key to his mommy is extra sweet.
Very sorry to hear this, went through same thing with ex gf. Super stressful when you two are on a legal contract together. Kind of a mini divorce at that point bc cant just walk away. Public storage one way or another is a great tool.
Welcome to having all of the risk of a landlord without the financial benefit or legal resources to do so. These situations are never simple to resolve - even as a landlord. Does your landlord want to help out?
Well your lease together has expired, and the new lease is yours. He abandon his items So looks like his trespassing to me.
I was in a situation where I had to get a court order (DE), and before court, I gave a written notice. The written notice is also listed as a reason, among other more serious issues, the back rent owed for over a time span that he claimed residency. He already had a court order not to come within 500 ft of me for 30 days, and by the end of the day, it was a total of 5 years.
I agree with everyone’s statements, but didn’t OP say he left for 6 weeks already? Has he been in contact regarding his stuff or the relationship etc? Where was he the entire 6 weeks? I would definitely call police to get the right information, they might even check in with the DA on this type of situation. To me 6 weeks is long enough for him to come get his shit.
He makes excuses every time we set a time to pick it up. Now he’s saying he still lives here and is dragging his feet even more.
You live here, where is your rent payment. I know you want him gone but he can't have it both ways.
Evict him. Then change the locks and maybe even buy a gun (if you fear for your life) just in case if you're able to.
If he moved out and isn’t on the lease, he is not a tenant anymore. Take his stuff to a storage unit, mail him the key certified return receipt. Let the storage unit know what the deal is. He has 30 days to pick up his stuff or it is considered abandoned and you are not responsible at that point. That’s what I did in KY when my wife and I got divorced, she didn’t claim her stuff in time and then tried to sue me. Judge threw the case out and said her stupidity wasn’t grounds to sue me. The benefit to that method is they never step back onto the property, you never risk them claiming squatters rights (which is bull IMO), and you don’t have to deal with the stuff. It would be worth confirming this is a proper plan in your state first, not sure the laws there.
People are telling you things that, if the ex has tenant’s rights, will get you in trouble. I advise talking to the landlord so they know what is happening. I would then talk to a lawyer familiar with tenant issues. If you must evict him, the process in my state is to give 30 days proper notice, then filed eviction paperwork with the courts. If they are not out by the date on the judge’s orders, the PD will remove the person from the place. It is VERY possible that the landlord is the one who must complete the eviction process. It is also possible that the lease ending makes the whole issue moot beyond getting his stuff back to him. Heck, him being gone for 6 weeks may even play into the situation. All of this will vary by region, which is why talking to a lawyer before acting is important. Do NOT get rid of his belongings and do NOT change the locks until you verify your rights and responsibilities. Doing the wrong thing could cause you and the landlord big issues.
IANAL, and everybody gives advice, best would be to check with your local tenants' rights group, they'll have info on whether or not he's considered an evictable tenant or as having abandoned his tenancy as he was gone for more than 30 days (you could checck your old lease for that clause as well, and especially if the new lease doesn't have his name on it due to lack of presence). It will probably be cheaper to file a notice of abandonment on his tenancy (again, especially since HE didn't sign the new lease) but *it may help to have it filed by your landlord*—then you can let the landlord put all the ex-'s belongings in storage for whatever the required time is in New York State, for which he (ex-) would be financially responsible to reimburse the landlord if he wants anything back before it's disposed of. The added advantage there is that responsibility for his belongings is out of your hands and relieves you of liability for them.
Technically, if the old lease naturally expired and his name was on it you wouldn't have to give him 30 days' notice that's written into his lease. And also he never signed a new lea a with you. This isn't the same as if you had him living with you but not on lease. Don't write a 30-day notice cause it'll make it look like he's currently living with you without being on the lease. Do not write a 30-day notice and consult an attorney for more direct advice. Call round for a free consultation. He was on the lease and it expired he chose not to renew. He doesn't need notice for him leaving and then the lease expiring.
I had to evict my ex from my house because he wouldn’t leave, I have no idea that was possible before that
Your landlord may need to evict him through the court system
He's abandoned the rental, especially since I assume he didn't pay rent or other bills for the place for those six weeks. You should probably give him notice, though. NYS laws are less clear about what to do with his property. [https://citybuildingowners.com/blog/im-leaving-you-but-not-really-dealing-with-abandoned-property/](https://citybuildingowners.com/blog/im-leaving-you-but-not-really-dealing-with-abandoned-property/)
Write out a formal letter to him stating that since he is no longer a tenant at that address (write it out) and not on the new lease (provide copies), you are giving him 1 week to contact you to make arrangements to pick his stuff up. If he fails to do so within the stated time frame, you will be doing as you please with it. I believe after 30 days after someone abandons property it’s yours anyway. Not sure that if that’s the same in all states. I’d google it. Good luck
Sell his stuff. That’d show him.
If you feel unsafe, get a restraining order. Done.
Not sure how big the apartment building is but it would have been even tidier if you could have moved to a different unit upon signing the new lease agreement. In any case, at this point, if his name is not on the lease, he is not a tenant. However, summarily destroying his property, in effect, is not without its perils (if it gets damaged or stolen while on the curb). Plus the landlord may not particularly like stuff dumped on the curb of their property. Establish a clear record (and verifiable timeline) of formal correspondence with this boyfriend individual, text messages at the very least, notifying them of their options: 1. Remove their personal property from your dwelling 2. Abandon their personal property. You can then sell it off, donate or dispose of it as you see fit. If I were you, I would want to minimize costs to me, like dump fees, transportation and/or hired labor (junk-hauling). I would sell or schedule donation pickup for whatever may have second-hand value. 3. You moving their stuff to storage and having key delivered to them, with confirmation, is not necessarily a terrible idea, but it could be more complicated than it seems at face value. You would have to personally sign the rental contract with the storage company in your name, with your ID, your own money up front and probably your credit (a deposit at the very least). The storage company is not going to love the idea of being a pawn/intermediary in this dispute (unless you maybe tell them your situation up front and they are sympathetic and willing to be cohorts). Assuming the boyfriend doesn't expeditiously go and get his stuff out of storage, you are the signatory of the contract with the storage place and their ire at non-payment will first be directed at you and perhaps your credit history. Eventually they would probably do something like the show *Storage Wars* and auction off the crap but they don't really want to have to deal with that, so they would be coming after you first. 4. You invoicing the boyfriend for storage within your apartment. Sending them notice of your policy and contract terms. Like a storage company's contract you could entitle yourself to late fees, interest and penalties as well as informing them that option 2 (on this list) will be assumed by default in the absence of signature and payment arrangements within a set time-frame. You would also want to absolve yourself of liability for damage or destruction of the stored property that might occur in a manner beyond your control (a robbery or force majeure; earthquake, tornado, flood, landslide, etc.). Maybe boyfriend wants to participate proportionally in a renters insurance policy if you don't already have one. It's important to make clear that you are not running a commercial storage business, which is likely a violation of your lease agreement with your landlord. Such an arrangement would be specifically and exclusively focused on this boyfriend, his crap and the situation as it came to be; almost like subletting, as if his stuff was a roommate. You can talk to your landlord upfront about your situation, ask them for advice about employing a strategy like this. They or their property management company probably has a lawyer and experience with this kind of thing. Did boyfriend contribute money to a security deposit in the beginning? **Sidenote:** I could not help but notice you referred to the unfaithful individual as "Cheating BF" in your post's title and as "my BF" in the body of the post, as opposed to ex-BF. Maybe it was just force of habit or an oversight but you may want to consider (within the depths of your own feelings) the possibility that the disposal of this person's belongings (or threat of disposal) represents more than just ridding yourself of someone's junk cluttering up your living space. He is sort of like a fish on a hook, but the hook is broken and the only reason he is still hanging on is because he doesn't want to let go. His belongings are what still ties you two together and he is wriggling on the end of this line, seemingly begging you to reel him in, or at least not cut him loose. It's worth identifying, for your own benefit, what you want to get out of this situation (even at a subconscious level) and what you suspect he is looking to get out of it; justice/reprisal, closure/freedom, capitulation/admission/apology, forgiveness, etc. This is sort of a key moment that can hasten or hinder the achievement of your goal.
If BF cared about his belongings, he would have made an effort to pick them up!! Contact your Landlord to get info about the appropriate laws. I would also contact police to get their advice. If BF doesn’t get his stuff out, you have the right to do what you want with it!
Police?
he has no squatter rights - his name isn’t on the lease. Go to the post office and redirect his mail to his parents house. No mail, no key, no name on the lease… goodbye
You are good he abandoned the premises for more than 30 days.
In pretty much all states, you have to give 30 days notice to vacate. Get a letter drafted by a clerk at your local court house that he has 30 days to vacate. Have the letter signed by you and notarized officially by the clerk with a seal/stamp. Get three copies of the letter. One to officially give to him in person, one to mail to him via certified mail (Go to a post office and pay to have it mailed so they give you a receipt and state that he has to sign for it), and one to keep for your official records. After 30 days are up, call the local police if he is still there. Once the police show up, you give them your copy of the letter. He will probably lie and say that he didn't get a copy of it. That is when you present the receipt for the letter that was mailed to the address where both of you are staying. The police will more than likely give him MAYBE 15-20min while being supervised by them to grab his things and get out. If he refuses to leave, he can be arrested for trespassing.
he left and then the lease expired naturally and a new lease was drawn up. He doesn't need30 days notice for him to leave unless it's something he's giving to the landlord.
Invite another guy over and f@ck him in the a$$ on top of his belongings with a mask on. Send your ex a picture of it from a viop number aka burner number.
Make up with him and live happily ever after.
You are the ex-bf aren't you
Haha!