How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36984
Experience:  Attorney over 16 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

My tenant has moved out but has not returned the keys an

Customer Question

my tenant has moved out but has not returned the keys an still has two pieces of furniture an a baby bed in the apt I have been told i must have the marshal come an evict him or if i get rid of his stuff i could be held liable for his property can i charge him rent for the days it takes for the marshal to evict them an also he has done damage if i have some one do the repairs that is not a contractor can i charge them for labor to install what was broke i live in new york city
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Customer: replied 10 months ago.
thank you
Expert:  barristerinky replied 10 months ago.

Have they contacted you and informed you that they have abandoned that property and the apartment?

.

Have you had any contact with them since they moved out?

.

Have you gotten estimates on repairing any damages?

.

.

thanks

Barrister

Customer: replied 10 months ago.
i have gotten a text saying the apt is available an that he would mail me the keys an he has not done so an that he would get the stuff after i return his security deposit an he has filed a suit to recover his deposit an i have not gotten estimates can my father do the repairs an i will pay him to do the repairs he is not a contractor
Expert:  barristerinky replied 10 months ago.

Ok, legally until he removes his personal property and returns the keys then he is still in possession of the property and you can still continue to charge him rent because he has not legally vacated.

.

So if his rent has come due and it was unpaid, you can post a 3 day notice to pay or vacate on the door and then file a formal eviction action when he doesn't pay the rent so you can get a judgment and a writ that the marshall can execute to put you in legal possession of the property and you can then dispose of any personal property left there.

.

If he has filed suit for his deposit, but hasn't removed all his property and returned the keys, the judge should throw the suit out because he is still a tenant.

.

As for any repairs, you can pay anyone to do them as long as the costs are no more than what a licensed contractor would charge.

.

Then you can deduct those costs from the security deposit once you evict the person as well as any delinquent rent, cleaning costs, and late fees.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Customer: replied 10 months ago.
can i start to do the repairs while the marshal is going thru the motions to evict him
Expert:  barristerinky replied 10 months ago.

You can, but you would need to post at least a 24 hour notice on the door before entering stating that you will be entering the property for purposes of making repairs. I know it sounds silly with the tenant moved out..but legally they are still in possession of the property so you have to treat it that way.

.

.

thanks

Barrister

Related Landlord-Tenant Questions