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I have a relative that was living in my unused rental property (New York State) for a nominal fee without any formal lease. He has physically vacated as of July 1, but he has left personal property behind. I have asked him to remove the property several times and he has so far refused and told me I must formally evict him and until then, I do not have any right to touch his things. I do not want to involve the sheriff and formally evict, and really don't even have a forwarding address, but I do know where he works. Can I send a registered/certified letter stating that he has x amount of days before I consider his property abandoned and can dispose of it? Thanks Ira
State/Country relating to Question: New York Already Tried: I have not done anything "legally" and hesitate to do so because it is a relative. They have lived in my unsed rental property for approximately 2 years for $250.00 per month. There was no formal lease and cash was given as the form of payment. He was asked to vacate on June 14, but did inform me that was not convenient and did not vacate until July 1. He has left quite a lot of "stuff" behind, mostly personal papers and junk (to me), but there are several area rugs. There is a matter of back rent owed, if he does not pick up his things, do I have a right to sell some of the property?
HelloCustomerIf your relative has not paid you any rent since July 1st, then you can treat his property as abandoned and do not need to formerly evict him. This is so since you did not have a written lease agreement which made the rental situation a month to month. Since it has now been over a month since he vacated and he has not been back to get his property, you can send him a certified letter return receipt requested at the best address you have for him. There is a good form letter that you can use at: http://www.uslegalforms.com/ny/NY-817LT.htm. It isn't free but the cost is minimal. I don't have any connection to uslegalforms, but they do have good user friendly forms.
Attorney
Licensed Atty, 25 yrs exp in the practice of law.