QUESTION
When can I remove the property a previous tenant has left behind?
Asked on Aug 04th, 2014 on Landlord and Tenant Law - New York
More details to this question:
A Sec-8 tenant has moved to a new apartment but has left all her belongings in the apartment that I had rented her. Her move out date was June 15, 2014. She is in her new apartment but her stuff is at my property. She does not have a lease with me and is no longer my tenant. I am not receiving any money from Sec-8. I need to remove her stuff but I don't want to get in trouble with law.
1 ANSWER
Landlord Services Attorney serving Peekskill, NY
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In New York State you are required to preserve the property for a reasonable period of time to allow the tenant to remove it, when you have evicted the tenant by performing a lock-out. A reasonable period of time has no specific definition but 30 days is usually deemed reasonable. In your case however, you did not evict the tenant by performing a lock-out but the tenant moved and left the property behind. Assuming she actually surrendered the apartment by giving you the keys you do not have to preserve her property. Since she has been gone for more than 30 days the property would be deemed abandoned by the tenant and you can get rid of it. Before getting of the property I would suggest that you try to contact the former tenant to find out if she wants it and take pictures of all of it.
Answered on Aug 06th, 2014 at 2:23 PM