give back bed that came with room rental

[Ce2015]

What is the name of your state (only U.S. law)? NY

I just came home after being out of town, dealing with family medical emergencies and staying at a friend's place during their holiday vacation. My roommates are asking me to move my bed out the room I am renting. It is 10:30 pm

Before leaving I had a roommate issue. I asked my roommates to please replace the ingredients to a recipe I had bought to bring to a holiday party. I am tight on cash to keep continually replacing my food that they eat.

Her reply on Christmas Eve:

"I'm not replacing anything anymore. I replaced your almond flour that I didn't even touch. I want all of my furniture back, pls make yourself available tomorrow. Thank you. Merry Christmas."

I informed her I would be out of town and she could come and take the furniture then.
I told them that I wouldn't be moving heavy furniture. She never came to take it out.

I have now returned from being out of town at 10:30 PM and the other roommate said "oh glad your back. we'll be taking the bed now."

The bed was here when I moved in. I have documented texts from before I moved in with the following info:

my roommate told me the bedroom would be empty.
My questioning why the furniture is in the room on my day of arrival with all of my furniture things.
Her answer that the furniture stays/ it comes with the room.

(I had to sell my furniture when I moved in because there was no where else to store it).

What is the legal course of action to take? Do I give them the furniture. I didn't buy it, (but had to sell my own because they told me this came with the room).

Renting since April 2014

 

[STEPHAN]

What does your contract say?

 

[Ce2015]

What does your contract say?

The roommates were on the lease before I moved in. We renewed the lease as a new lease - not a continuation lease - the day I move in.
The furniture belonged to the previous tenants (I believe their former friends).

 

[OHRoadwarrior]

What is clear is the bed is not yours and its use is not in your lease. You have no claim to it.

 

[Ce2015]

The bed is not mine. The apartment came furnished. It was not purchased by any of us. The bedrooms have three matching bed sets for each bedroom bought by the original leasers. They left and moved out of country or in with boyfriends and did not want to pay moving costs so left it to the next renter.
I was promised an empty room. So I had to sell my things and leave them on the curb because I could not move the furniture.


Original Message from roommate on Feb 10th:

The room which I will rent for you has been changed. You will now rent the one near the bathroom. Here is actually better bed. The girls will move some stuff which was left this week. And next week everything will be available.

Message exchange with 2nd roommate on Feb 14th.

--Hi, I will be stopping over this weekend.
Will the room be empty?

Roommate Answer:

Sorry my phone has not been working. Yes the room is empty.

--I am in the apartment. Thanks. Do you plan to keep your bed? (which I noticed still in the room.

Roommate: It's actually my bed but rather a previous roommates who lived there before me.

--Thanks for the reply. I'm a little confused. When you said the room was empty I thought nothing was in there. I was planning to move but i don't know what will stay or go. V sent me a text before that the bed is comfortable, I thought she meant bedroom but I goes she meant bed�
Please let me know who to ask so I know if I can sleep there or not. Thanks again.

It's better to consult with V. My understanding was that you'll be renting a furniture bedroom.

--Ok thanks I'll send her a message.

 

[Ce2015]

What is clear is the bed is not yours and its use is not in your lease. You have no claim to it.

Follow up Email exchange with roommate:

--I stopped by to drop some things off and noticed the bed and furniture is still in the room. I'm confused. Is the furniture staying in the room? I was going to move my stuff into the room, but I don't know what stays and goes. A said it is the old roommates.

Answer: Yes, it is the old roommates, but it stay in the apartment. Furniture stays in the apartment. You are very welcome to use it.

 

[Ce2015]

What is clear is the bed is not yours and its use is not in your lease. You have no claim to it.

To your point -
I am curious then what I can do about space that I should be able to use but is currently occupied? For instance, the pots and pans were also here before any of us moved in. I can't store my pots and pans or dishes in the kitchen because it is full already. The pots and pans are not on the lease.
I store small dish ware in my room now. But isn't it fair that I should have equal space to store my things?


My roommates want to spite me because they want me to sign the lease over to their friend.
I am never home so they feel that its wrong I don't let someone else have it.
If they ask for the bed, I will give it to them. The problem is they don't move it out and I have the stress of wondering when they will finally take it.
I think if I have been sleeping on a bed for over 6 months (because I was told the furniture stays with the apartment) that I should be provided a scheduled date for its removal so that I can arrange for furniture to be delivered in its place.

 

[FarmerJ]

You posted >

Answer: Yes, it is the old roommates, but it stay in the apartment. Furniture stays in the apartment. You are very welcome to use it.
.


Today, 05:04 AM
Ce2015

The bed is not mine. The apartment came furnished. It was not purchased by any of us. The bedrooms have three matching bed sets for each bedroom bought by the original leasers.
< SO you didn't say to who you pay rent, BUT if there was furniture left behind by a former tenant like it or not it became the actual landlords when the furniture was abandoned SO the furniture does not even belong to those roomates , there are some here on this board who will argue that your lease must say you have use of those things to be able to use them like how one might use a fridge or cook stove in a rental. I have the view that if a landlord (not roomates ) but the actual owner of the property didn't want to include furniture then they should have seen to it that it was removed from the space, before anyone was to move in other wise because it is there then its implied that it is included. SO if it was me id do this one of two ways , Id tell the roomates that since the furniture was left in place by the actual landlord its going to stay put since they them selfs do not own it but the Landlord does no differently than the bedroom furn in the rooms they rent. OR haul those things out into the living room and leave them there when I put in replacements and if they don't like it then tell them `too bad, I don't pay rent to store someone elses property in my room`

 

[Ce2015]

Thank you so much Farmer J! *I am incredibly grateful. This is so helpful and my thinking too. *That I don't pay rent to store someone else's property. And, I believe now they haven't moved it because they don't want to inconvenience themselves with the large furniture taking up space. *


My thinking is they will probably look to sell it and then involve the police if I don't give it to them at the exact time that they want it.


I pay rent to the landlord. *

You posted >

.




< SO you didn't say to who you pay rent, BUT if there was furniture left behind by a former tenant like it or not it became the actual landlords when the furniture was abandoned SO the furniture does not even belong to those roomates , there are some here on this board who will argue that your lease must say you have use of those things to be able to use them like how one might use a fridge or cook stove in a rental. I have the view that if a landlord (not roomates ) but the actual owner of the property didn't want to include furniture then they should have seen to it that it was removed from the space, before anyone was to move in other wise because it is there then its implied that it is included. SO if it was me id do this one of two ways , Id tell the roomates that since the furniture was left in place by the actual landlord its going to stay put since they them selfs do not own it but the Landlord does no differently than the bedroom furn in the rooms they rent. OR haul those things out into the living room and leave them there when I put in replacements and if they don't like it then tell them `too bad, I don't pay rent to store someone elses property in my room`

 

[justalayman]

You may pay rent to the landlord but with whom is your lease signed?





basically all I see is a bunch of kids not grow up enough to live on their own squabbling.
.
"it's mine"

no, it's mine


no, it's MINE


NO, it's MINE



NO, IT IS MINE

I didn't buy it, (but had to sell my own because they told me this came with the room).

so it isn't yours.

my roommate told me the bedroom would be empty

it sounds like your rental agreement was sans bed.

What you should have done is tell them to remove it or remove it yourself and put your bed there. You didn't.

it still isn't your bed and it sounds like it was not included in your actual rental agreement so, given them the bed.


If the former roommate gave the bed to anybody specifically it belongs to them. It not it was abandoned property and it became the property of the landlord. Figure out which of those is the case and tell them to get their bed out of your room.

 

[STEPHAN]

I didn't buy it, (but had to sell my own because they told me this came with the room).

Take the money that you got and buy one.

 

[OHRoadwarrior]

It appears your decision to move in was not very well thought out, if you are not sure what you can and cannot do.

 

[Ce2015]

Lease is signed to the landlord.
I'm not claiming the bed is mine. The problem is that they want to take the bed from me to spite me for a disagreement. They have done this in the past. They sent a message again on Christmas Eve to move the bed out with and signed "Merry Christmas"
Then they asked for it again when I returned.

In all of these cases, they never moved the bed. They want to inconvenience me but not themselves. That is their point.

I would like to move out. I became unemployed a few months ago and have been looking for a new job and apartments at the same time. I spend as little time here as possible. They disabled the wifi so I couldn't use it, so it makes sense that I am not here.

I'm mature and kind. My friends let me stay at their place. I don't have interpersonal issues except for these two roommates.
I leave them alone, but they are bothered by my living here. They wanted their friend to move in because I am not here enough.

Yes, they are immature. They are russian speaking from Eastern European countries. They don't like Americans. They talk about how terrible Americans are and they are very racist against people of color. They lie. They plot how to take advantage of men and other people. I am one of those people.

I don't go clubbing. I don't read books on how to get married…. --- We are very different. But at the time of meeting them, I thought they were nice Russian girls who are far away from their home country and who appreciated my help. I have helped with resumes, job searches, bought food when they were sick, bought presents for their families with my discount, run errands, provided artwork.

You may pay rent to the landlord but with whom is your lease signed?





basically all I see is a bunch of kids not grow up enough to live on their own squabbling.
.
"it's mine"

no, it's mine


no, it's MINE


NO, it's MINE



NO, IT IS MINE


so it isn't yours.


it sounds like your rental agreement was sans bed.

What you should have done is tell them to remove it or remove it yourself and put your bed there. You didn't.

it still isn't your bed and it sounds like it was not included in your actual rental agreement so, given them the bed.


If the former roommate gave the bed to anybody specifically it belongs to them. It not it was abandoned property and it became the property of the landlord. Figure out which of those is the case and tell them to get their bed out of your room.

 

[justalayman]

So you still have not cleared up, or possibly even ascertained the true owner of the bed. Your actions will be controlled by who the actual owner is determined to be.

If it belongs to the landlord tell roommates, better yet: ignore roommates.

If it belongs to one of them; tell them to remove it. If they won't, then you do it. Leave it set in the middle of the dining room or wherever it is safe.


You claim to be mature yet your posts here prove otherwise. A mature person would not be whining about being mistreated by roommates and how they told you they bought flour they didn't really use or whatever.

So, either take actual steps to remedy the problems or admit you are a masochist and are enjoying every moment of discourse you face.

 

[Ce2015]

I'm sorry if its been a long day for you and my messages are irritating.

I wrote about the flour to show the point of discord with them. Isn't it a bit crazy to ask someone for a bed at 10:30 at night knowing full well that there is nowhere else to sleep but the floor?.. All because someone has asked them earlier in the week Not to continue eating their food supply, and particularly the ingredients they are responsible to bring to a holiday party?
Almond Flour replacement = sleep on the floor
That was my point.

Not a masochist. Just someone who is unemployed and doesn't see the point in buying a new bed for a place they are planning to move from. It also proves difficult to move without a job.

If I were a masochist, I would move the furniture, as you suggest, but I am 5'2 and 110 pounds and won't be attempting that.
It is heavy furniture.


Also, I didn't throw the bed out when I moved in because I was trying to show Goodwill. I understand if people reuse furniture and use it a means to get people to rent the space.

The original owner of the bed were the former tenants. And since they are acquainted with my current roommates, I'm sure they will make whatever statement to ownership is needed for that friendship. �Unless of course, the abandoned furniture at the sign of the new lease puts ownership in the hands of the landlord.


Thank you for the reply.

So you still have not cleared up, or possibly even ascertained the true owner of the bed. Your actions will be controlled by who the actual owner is determined to be.

If it belongs to the landlord tell roommates, better yet: ignore roommates.

If it belongs to one of them; tell them to remove it. If they won't, then you do it. Leave it set in the middle of the dining room or wherever it is safe.


You claim to be mature yet your posts here prove otherwise. A mature person would not be whining about being mistreated by roommates and how they told you they bought flour they didn't really use or whatever.

So, either take actual steps to remedy the problems or admit you are a masochist and are enjoying every moment of discourse you face.