It recently came up on a post from a friend on facebook. A tenant vacated a property after notifying the landlord of this 30 days in advance as required by agreement. When she did not come on that date he changed the locks preparing for the next tenant, but left her things untouched. Some are arguing that he has to "evict" her even though she gave notice. From my understanding, this is not true however he has to hold her things "for a reasonable amount of time" which is usually 30 days or so. He can even move it to storage after taking photos of course and charge said tenant for storage fees. However, someone on said post said he won in court and the landlord had to evict him. This doesnt seem correct so for future reference I am coming to the experts!!!
Also, local facebook discussions is a GREAT way to know who NOT TO RENT TO i'm finding out!
If the tenant didnt hand over keys , they are still in possession , its called tenant hold over . A formal eviction is necessary
interesting. any law they can make that messes with landlords.
Note that this answer is typically state specific. Each state has its own rules about what can and should be done with items left by a tenant.
(Unfortunately, I’m not well versed in NY laws so I can help much more than that!)
This varies by state but in one of the states where I have rentals, I believe if they vacate and leave stuff behind you can move it or store it. You do this for 30 days and if they don’t come get it, it’s considered abandoned.
the issue at hand is a question of whether the property is considered abandoned or a hold over. this issue would vary slightly state to state, and would most likely fall on the judgement of the judge who presides over the case. however, if nothing has been removed from the apartment, I doubt any judge would call it abandoned, perhaps if all utilities are turned off you may have an argument. if everything is missing except garbage and maybe a couch, then you are probably looking at abandonment, but from the way the story reads, I doubt any judge would be happy with what the landlord did.
AS usual, it depends. State law varies and I suspect some details are missing. Has the Landlord attempted to contact the Tenant? What does the lease say? What does state law say?
They should start by making every effort to contact the tenant. I'm willing to bet they left stuff they don't want.
If you are unable to contact the tenant, then you have either a "holdover" or an "abandonment" which have different processes to follow. Personally, I'd spend a little more effort trying to reach the tenant at work, facebook, or whatever means necessary. It's faster and cheaper to get them to admit they abandoned the stuff and don't care.
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