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The proper way to handle this is to set up a simple separate storage lease agreement with the son that either side can terminate with 3 days written notice. Here is a link that may help you draft one for yourself.
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Thank you for the opportunity to clarify. The New York Notice to Vacate Form is an easy way to end your storage room rental lease. Landlords or tenants in New York can use this form to communicate the date by which the rental property should be empty. You do not want to set this up as a month to month lease, but rather a day to day lease where the $100.00 rental is pro rated so that it is per day instead of per month. This way you are not required to give 30 days move-out notice. Of course, as in any hold over or non-payment case, you would need to file for eviction if the tenant does not comply with the agreement. The law requires this to avoid self-help repossession which often can lead to a physical altercation between the LL and Tenant.
It appears to me that the mother was a bailee for the son's personal belongings so she would be the one that is responsible to make sure that he gets his things back. You stated earlier:
"However, the son would like to continue storing his stuff there until that time."
So, it appears to me that he is in agreement that he needs to remove his stuff once the mother is evicted. If his stuff is still there after the mother vacates, then you will need to provide both of them with formal notice and an opportunity to collect their items before they are considered abandoned property.
The three days notice that I was speaking of earlier is for an agreement going forward to store until you get a new tenant. You are right in that there are specific NY laws and procedures for property abandoned by a tenant.
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