Legal Question in Landlord & Tenant Law in New York

My mother is working on evicting her non-rent paying ex boyfriend. He is likely to move out when we arent home, how can we legally keep him from taking things that arent his but the receipt has since been thrown away? Such as the TV bought last year, the snow blower thats a few years old, etc.

Asked on 2/27/12, 3:08 pm

1 Answer from Attorneys

Gennady Yankilevich Law Office Of Gennady Yankilevich P.C.


legally there is nothing you can do to prevent such in advance. there is no pre-emptive action.

even if you catch him taking items which you know belong solely to you or your mother, you cannot prevent him with physical force from moving the stuff. You may of course call the police, and discuss the issues with them at the scene.

If, however, h takes the stuff before you get there, and it is no longer in your household, you can go to small claims court (assuming the amount in question is less than the "limits" in your county) to have the conflict adjudicated. You will in all probability need receipts, or other proof of ownership to obtain sole possession.

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Answered on 2/28/12, 8:07 am

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