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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10253
Experience:  Just Answer consultant at Self employed
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I had a tenant leave 2days before rent was do, I stuff is

Customer Question

i had a tenant leave 2days before rent was do, I stuff is still here. I text her and told her if she wasnt going to pay me she needed to have her stuff out by wensday nite, her stuff is still here do i have the right to collect my rent when she responed she would have it out wensday
JA: When we are ready I'll take you to the appropriate web page.
Customer: Thank you
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: queens n.y
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: there was no lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 4 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 4 months ago.

NY does not have a statute that governs abandoned property; so if there are provisions in a lease that address this that is controlling; if there is no lease then the landlord will generally do the following:

1. provide a written inventory to the tenant of the property

2. specify a date by which the property must be picked up, notifying that the property will be sold if not picked up

3. storing the property in a safe place

4. after the lapsed time period (usually 30 days) holding a public auction, after publication in a paper, to sell the property

5. the landlord can deduct the cost of storage, publication etc and would return the remaining funds to the tenant.

If the property has little value then it is usually discarded instead of auctioned.

The landlord can collect rent for a full 30 days after the tenant abandons the property since the tenant must provide 30 days notice to terminate a month to month tenancy (a court typically will find an implied or oral month to month contract if there is no written contract).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Also please see:

https://www.nysba.org/rightsownerstenants/

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html