NY Eviction: 165 days ago. Now she wants her abandoned property

Clifton Park, NY · Member since 2014 · 17 posts · 2 votes

I got an email from the tenant's lawyer yesterday stating that she wants her abandoned property. It has been 165 days since she was evicted. She never showed for the appointed times to retrieve her items and after 30 days we sold the items to recoup some money or the months of lost rent (the reason she was evicted). Anyone else have any idea of what I should do?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

LOL! Now that's funny!

Since the issue has been resurrected...

I would not respond to an attorney in this situation. The burden of proof is on the Tenant. I would start by saying, "I don't remember this tenant or any abandoned property. Sorry!" Then force her to spend another hour providing some evidence to the attorney for a second letter or file in Small Claims court. Most attorney letters are warning shots to see if they can scare you into action. If you stand up to them, professionally, most of them will disappear. If she sent another letter with actual evidence, then I would consider hiring an attorney to respond His response would explain how I met the legal requirements for handling abandoned property, but I still would not send evidence because that gives them more opportunities to find holes or problems with your process.

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Michael Totman
Real Estate Agent · Berlin, MA · Member since 2013 · 130 posts · 95 votes
10y
Assuming you followed the law in your state tell them right where they can go for their crap...
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Brandon Battle
Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
10y
Call a lawyer and make sure you followed the laws of your state.If you didn't,you are financially liable for the loss of their property and will have to compensate them.
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Les Jean-Pierre
Investor · New York City, NY · Member since 2014 · 370 posts · 85 votes
10y
I think in NYC you have to put them in storage for a certain amount of time or leave in the unit. It is a crazy scenario. I keep trying to find the law on it but can't. What did L/T lawyer you used say?
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Stephen Zipp
OP
Clifton Park, NY · Member since 2014 · 17 posts · 2 votes
10y
We kept it for 30 days, as per expectation here in NY, but both times she was to come and retrieve her stuff, she did not show. Since she no longer answered her phone or email, we had no way to contact her except through her lawyer, which we tried. I wrote this all down as it happened (I keep a journal for all of our dealings with the rental units). I am waiting on a response from our lawyer now.
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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y
The Abandoned Property Notice should have been served using Certified, Return mail and you therefore hold the receipt. Send a copy of the Notice and the receipt to the lawyer and you're done.
Sadly I fear you did not follow all the processes (which is why you're asking now) and this will bite you.
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Stephen Zipp
OP
Clifton Park, NY · Member since 2014 · 17 posts · 2 votes
10y
Guess I shouldn't listen to my lawyer...
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Ben Dunavent
Johnson City, TN · Member since 2015 · 64 posts · 11 votes
10y
If you’ve given the tenant reasonable notice and they haven’t come back for the property, you can dispose of it. To be safe, you may wish to:
- sell the property at a public sale
- publish notice of the sale in a prominent place, including a newspaper with daily, local circulation, and
-send the tenant a final notice that states where and when you will sell the property.
If the tenant owes you money for back rent, property damage, or reasonable storage costs -- and the tenant’s security deposit didn’t cover everything -- you can take the balance out of the sale proceeds. If there’s money left over, you’d be wise to keep funds from sale proceeds in trust for the tenant for at least one year before pocketing the extra cash.
If there is insufficient money to cover back rent, property damage, or storage costs, you may sue the tenant in small claims court. See New York Landlord’s Guide to Security Deposit Disputes in Small Claims Court for details.
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Stephen Zipp
OP
Clifton Park, NY · Member since 2014 · 17 posts · 2 votes
10y
Actually, we did give the tenant written notice. I forgot that my partner had done this. And when I spoke to her lawyer, her lawyer wasn't surprised. I am sending all o the documentation to the lawyer tomorrow.
Thanks all for the advice. This is one of those instances where we did what we were supposed to, but I worried that we had missed something because it was all a stressful blur. Writing up a flow-chart and check list now. So glad I kept notes.
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Stephen Zipp
OP
Clifton Park, NY · Member since 2014 · 17 posts · 2 votes
10y
@Ben Dunavent Great write up! Thank you!
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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y
BRAVO Stephen. Good processes and habits saves the day again! After a move-out (of any form), I file all paperwork in a folder of the Tenant's Name for history AND logically do the same for all files on the PC, moving them to PastTenants\TenantName\*
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Stephen Zipp
OP
Clifton Park, NY · Member since 2014 · 17 posts · 2 votes
10y
I was listening to a BP podcast and they mentioned using some cloud product to share files between team members. I have DropBox already, so I think I will set up another one for the business and use @Jeff Beard 's folder structure.
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Kevin Maxwell
Vendor · Albany, NY · Member since 2016 · 25 posts · 5 votes
10y
Hello,
Everyone here has added great advice. It would be best to speak with your town or city hall as well as speak with your lawyer for clear advice.
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Anthony Cimino
Member since 2022 · 6 posts · 0 votes
4y
I am the partner for this building. Stephen has turned his back on this property for years. He doesn't know the current tenants, hasn't mowed a lawn or done anything at all.

He is also refusing to sign a contract with a listing agent to sell. This "investor" is exactly who shouldn't be investing.
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
4y
Quote from @Anthony Cimino:

I am the partner for this building. Stephen has turned his back on this property for years. He doesn't know the current tenants, hasn't mowed a lawn or done anything at all.

He is also refusing to sign a contract with a listing agent to sell. This "investor" is exactly who shouldn't be investing.
Even worse than this, I heard he leaves the toilet seat up.
FYI, Stephen hasn't posted to these forums in the last 5+ years. Trashing him here is meaningless.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
LOL! Now that's funny!
Since the issue has been resurrected...
I would not respond to an attorney in this situation. The burden of proof is on the Tenant. I would start by saying, "I don't remember this tenant or any abandoned property. Sorry!" Then force her to spend another hour providing some evidence to the attorney for a second letter or file in Small Claims court. Most attorney letters are warning shots to see if they can scare you into action. If you stand up to them, professionally, most of them will disappear. If she sent another letter with actual evidence, then I would consider hiring an attorney to respond His response would explain how I met the legal requirements for handling abandoned property, but I still would not send evidence because that gives them more opportunities to find holes or problems with your process.
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