rental-property residential-lease new-york-city
&quot;As is&quot; clause - Can I remove items not retrieved by landlord?
<p>I recently signed a one year lease for an apartment that came almost completely furnished as it was previously a short-term rental unit. Prior to moving in the landlord stated that we could use whatever we wanted and that they would remove the unused items. Some of the stuff is great and I am very happy to use it (TV, full bedroom set) but some items I specified I would not be using (I have my own mattress and have no need for another). Additionally, there is a large closet area that was filled with chairs, an additional mattress, and other various pieces of furniture that the landlord mentioned would be removed.</p>

<p>On move in, only a table had been removed from the kitchen area. My roommates had moved the mattresses/other undesirable furniture to the storage closet so it is now completely filled with items that we do not want in the apartment. I have emailed the landlord twice, asking what to do with the items and if there is a plan to remove them but have not received a response.</p>

<p>There is no reference in the lease to use of the storage space or the apartment being furnished, only that the "Tenant takes the Apartment <strong>as is</strong>".</p>

<p>I am planning on going to their office to see if they have simply been too busy up until now. I would like to remain on good terms with the landlord as they have been helpful and the apartment is rather nice, but there simply is not enough space for us to store unused furniture. If they do not agree to remove the furniture from the apartment, am I allowed to remove the furniture myself?</p>

<h2>Stuff done “prior to signing” is unenforceable<sup>1</sup></h2>

<p>The contract says “as is, so as is it is.</p>

<p>If you want to use the closet, providing you move and store the stuff safely (e.g. by hiring a storage locker at your expense or keeping it in your dad’s garage) and return it at the end of the lease, you can do that.</p>

<p><sup>1</sup> subject to some very narrow, technical doctrines which don’t seem applicable.</p>
