Can my landlord refuse to let me get my property from my apartment after the Marshall’s changed the locks?

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Can my landlord refuse to let me get my property from my apartment after the Marshall’s changed the locks?

I have not yet gone to court. I spoke to the management from my building and they said i must go to court first but I only have the clothes on my back and they refuse to let me grab some of my things. I’m not trying to stay in the apartment; I’ve already moved. I just need to move my belongings.

Asked on August 14, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

After a marshal has executed a warrant of eviction & delivered legal possession of the apartment to the landlord, you still have a right to recover your personal property & any furniture you own. You should speak to the clerk of the local landlord-tenant court about filing an application with the court by order to show cause. 

If access is required due to a health or safety issue, or another matter considered a priority by the court, the court may sign an order to show cause, which includes an order directing the landlord to provide limited access to the tenant for the purpose of removing prescription medicine or other essential items, prior to the court date fixed in the order to show cause. Good luck.

 


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