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Eviction of a tenant from HELL ........

South Richmond Hill, NY |

We finally got our nightmare tenant from HELL evicted, how long are we supposed to keep her belongings on our property???

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Attorney answers 1

Posted

Dear how long to keep belongings?

The City Marshal who conducted the eviction would have supervised the removal of the tenant's property to a bonded warehouse, and would have left for you and for the tenant, an itemized inventory of the contents removed.

If you chose to have the City Marshal secure the judgment by supervising a licensed locksmith changing the locks, then you assumed the legal responsibility to move the tenant's possessions to a warehouse.

You could inquire from the Marshal how to go about moving the property to a warehouse.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

Asker

Posted

Thanks Attorney Smollens. Actually the CM evicted the tenant, we were told that we would have to change the lock to prevent the tenant from entering the building. An inventory was taken, the marshall kept a copy , we received a copy and the tenant was given the original. He told her that she must make an arrangement to pick up her property ASAP, she came by the following day and picked up some, then two days after she called the cops and told them that we didn't want to release the property. The cops told her that she should not even be on the premises that she must take all her stuff and leave. Of course she took some and left some behind. What do we do?

Steven Warren Smollens

Steven Warren Smollens

Posted

I do not know if you have an attorney. Do you have an attorney?

Asker

Posted

Yes, we do. Very hard to contact him though. Had only one consultation with him. Voice mail always full, never return calls, etc, etc...

Steven Warren Smollens

Steven Warren Smollens

Posted

When you retain an attorney, the best idea is to ask your attorney what to do. New York law makes the landlord a gratuitous involuntary bailee, and makes the landlord responsible to the tenant's property, at least so as not to discard the property or to damage the property by gross neglect, unless the landlord and tenant made some other agreement about abandoned property in the lease ( although those terms usually refer to the property the tenant may deliberately leave behind and abandon at the end of a lease. This is a good article to read on the subject: http://www.perkinslegal.com/articles-perkins-legal.asp Good luck.

Asker

Posted

This is great. Thank you so very much again Attorney Smollens. You've been very very helpful as always. Thank you.

Steven Warren Smollens

Steven Warren Smollens

Posted

Thank you.

Steven Warren Smollens

Steven Warren Smollens

Posted

Thank you. If you want to you could note that the answer was best and/or helpful.

Asker

Posted

Oh sure, I will.

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