My name is***** and I will be helping you with your question today. This Information purposes only and does not establish an attorney client relationship.
There are two options I can find regarding your issue, the first is the conservative one and the second is a bit more of an unknown, open to some interpretation. It is up to you, which option you decide to choose.
Option1, an abandoned vehicle is a motor vehicle that has been left unattended on the property of another for more than 96 hours, if it was left without the permission of the owner.
First contact the local authority that has jurisdiction over the abandoned vehicle. Local authorities are authorized to take custody of any abandoned vehicle in their jurisdiction, whether abandoned on public or private property. If the local authority does not choose to exercise its authority to take custody and ownership of the abandoned vehicle, you may do one of the following, as appropriate:
If the motor vehicle has a wholesale value of $1,250 or less, and is ten or more model years old and has been abandoned for at least one month, you may transfer the vehicle to a registered vehicle dismantler or itinerant vehicle collector. Use the Statement of Abandoned Vehicle (MV-37). To calculate the first eligible model year, subtract 9 from the current calendar year. For example, 2015 minus 9 equals 2006, and eligible model years would be 2006 and older.
If the motor vehicle does not meet all of the preceding requirements, ask your local police agency to give a towing company an authorization to tow the vehicle away from your property.
Option 2, although it is unsettled law, there is a valid argument that a motor vehicle should not be treated any differently from any other valuable piece of property left behind by a tenant. If just left behind, the common law tradition makes the landlord an involuntary gratuitous bailee, with the responsibility to take ordinary care of the tenant's property for a reasonable period, while attempting to convince the tenant to move the property on his own.
While the property remains in the landlord's control and possession the landlord even though serving as a bailee without fee and without true consent, may not cause damage to the property by gross neglect and cannot dispose of the property. A landlord may move the property to short term storage as long as the landlord presents all the information to the tenant needed for the tenant to maintain the storage on his own account.
Instead of statutes, New York relies on landlord and tenant to each anticipate the what to do if property is left behind scenario, and come to terms in a written lease, or allow the courtroom made law (the law in the books made by judges deciding cases and controversies) control the event.
Unlike most states, New York has no written laws telling landlords how to deal with valuable personal property an ex-tenant leaves behind. But that doesn’t mean there aren’t rules you should follow. New York case law provides guidelines for what you must do with a tenant’s abandoned property. There are also common sense steps you should take.
If you’re certain the property has been abandoned and your lease doesn’t cover the matter, it’s usually safe to take the following steps: take inventory of the property (including photographs), carefully store it, and send a detailed notice to the tenant.
If you’ve given the tenant reasonable notice and they haven’t come back for the property, you can dispose of it. To be safe, you may wish to: ***** ***** property at a public sale, publish notice of the sale in a prominent place, including a newspaper with daily, local circulation, and send the tenant a final notice that states where and when you will sell the property.
If the tenant owes you money for back rent, property damage, or reasonable storage costs -- and the tenant’s security deposit didn’t cover everything -- you can take the balance out of the sale proceeds. If there’s money left over, you’d be wise to keep funds from sale proceeds in trust for the tenant for at least one year before pocketing the extra cash. If there is insufficient money to cover back rent, property damage, or storage costs, you may sue the tenant in small claims court.
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