Trulia Brook…, Other/Just Looking in Brooklyn, NY

What are the consequences for the removal of a tenant's belongings without an eviction notice?

Asked by Trulia Brooklyn, Brooklyn, NY Tue Feb 5, 2013

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Trevor Curran’s answer
Since this falls under the realm of legal advice, I must refrain from answering the question as giving legal advice when a person is not an Attorney is a felony in the State of New York.

But it seems to me, from a common-sense perspective, that a landlord can't just throw your belongings out without some legal permission from a court. There are strict legal requirements in New York when a Landlord and a Tenant have a dispute.

A good Landlord & Tenant Attorney is the best person to ask. I've also heard the clerks at Landlord & Tenant Court are helpful in explaining the legal processes to both Landlords and Tenants.

Trevor Curran
NMLS #40140
Mobile: 516-582-9181
Office: 516-829-2900
Fax: 516-829-2944
PowerHouse Solutions, Inc.
185 Great Neck Rd, Suite 240
Great Neck NY 11021
Licensed Mortgage Banker – NYS Dept. of Financial Services
NMLS#3528

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1 vote Thank Flag Link Wed Feb 6, 2013
BEST ANSWER
You definitely don't want to do this. Speak to an attorney before doing anything, you would be illegally entering the tenant's property, and could be considered to be perfroming a criminal action. The tenant has legal posession until a court rules otherwise, and you would be liable.

If you need a good landlord/tenant attorney let me know and I can direct you to one.
0 votes Thank Flag Link Tue Feb 5, 2013
This is commonly referred to as a "self-help eviction" and is strictly illegal in NYC. If this has happened to you go to the police immediately.
0 votes Thank Flag Link Tue Feb 5, 2013
Hi Trulia :)

Realtors are never allowed to dispense legal advice. But it is my understanding that no where in NYS can someone walk into your home and take your things. It's stealing.

Without a court order I don't believe a landlord can toss a tenants items. But again, that is a question for an attorney.
0 votes Thank Flag Link Tue Feb 5, 2013
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