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Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6423
Experience:  20 years experience as a civil trial and appellate lawyer
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I have a strange situation where there is the son on the

Customer Question

I have a strange situation where there is the son on the first floor and the mother on the second floor. The mother is being evicted and they both share a separate room on the second floor for storage only. This room was previously occupied by her nephew who subleased from her so it was previously part of her apt billing but I have no lease to prove this. After the mother is evicted I want this room vacated. However, the son would like to continue storing his stuff there until that time. I told him it will cost him 100 for storage / month. However, I fear that if I take money for that room from him I would have to evict him from the room when I want his stuff out if he doesn't want to move his stuff?!?!? But it's just storage ! This is brooklyn, new york
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 9 months ago.

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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Customer: replied 9 months ago.
Aah. But maverick, it's all about the eviction not the agreement with a tenant. Agreements don't mean much it's the eviction that gives the agreement traction or if the agreement has eviction authority.
So what happens when the stuff is there by day 13 and u gave a 3 day notice ?????
Real world scenario.....
Expert:  Maverick replied 9 months ago.

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.

Customer: replied 9 months ago.
At this time if I am evicting his mother on a holdover.
I am not evicting him. So if I want to make sure this room is vacated at time of eviction the best way to handle it would be for me to give him a 3 day notice to vacate and then for him to put in writing that he vacated HIS items. Then I can continue with the eviction of his mother from her apt and storage room. If I take any money from him or enter into any agreement I could be looking at an eviction of the storage room in the future, delaying my ability to rent this part of the house as non storage. Am I correct? What do u think?
Customer: replied 9 months ago.
Or, just have him sign all his items will be vacated from this storage room by _______. This way I can just evict the mother. Of course I have no way of knowing whose stuff is whose.
Expert:  Maverick replied 9 months ago.

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.

Customer: replied 9 months ago.
34; formal notice and an opportunity to collect their items "
So if he agrees to only store in that room until his mother is lawfully evicted, then I give them a three day notice to remove their items from that room or it is considered abandoned property. But wait. In this crazy city when u evict someone and they leave their possessions, I think u have to store them!!!!!!
Expert:  Maverick replied 9 months ago.

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.

Customer: replied 9 months ago.
what now?
I think the only thing to do is have him sign that all of his items will be removed permanently on ________ on a date like next week. Then proceed forward with his mother's eviction. If he doesn't agree then I will file a holdover on him to and evict him. This way, the mother and that rooms contents will be evicted. I can then store the items someplace else if I have to by law but that room will lawfully be able to be vacated by me and then rented as part of the whole apartment. I should not rent it for any amount of money for any amount of time. If I do, then the vacate process for these rooms as a whole could be delayed.
This sound correct?
Customer: replied 9 months ago.
Maverick, I don't want to request another expert but honestly, I don't have solid advice. Your advice is like if the wind blows right go left and if the wind blows left go right. I need some type of serious REAL WORLD advice. As if ur going to give a notice and presto, the tenant abides. A tenant will screw u 99% of the time and legal advice has to be cognizant of this fact. Unfortunately too often on ja the experts just can't grasp this and give advice as if a landlord is some type of god with their dumb notices. We arent.
Look. U have two separate tenants that are sharing a storage room. One is being evicted. I would like the other to pay me ( if possible) for the usage of the storage room and would like it to be vacated by both parties after the other tenant is evicted. Why? Because I can save the staying tenant some money for about 6 months in comparison to public storage and put some money in my pocket. Can an attorney with real world experience tell me what HE WOULD DO, NOT DO? Am I shooting myself in the foot? Not? Just set me on a real world straight path that works. Should I say, sorry, u have to vacate the storage now or u too will be evicted on holdover? If I want this room vacant when his mother on the second floor is evicted and that is most important to me, without hopefully having to evict her son from his apt., what should I do ?
Expert:  Maverick replied 9 months ago.

Thank you for the opportunity to assist you further. I do not have any objection to your seeking another expert. I will opt out so that one can assist you further.