The Law Office of Seth Rosenfeld, Esq.
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The Law Office of Seth Rosenfeld, Esq.
We Can Answer All Your Questions
During A FREE Consultation
What to do with abandoned property

There are many issues that tend to arise between landlords and tenants. Making sure that the living space is free of construction defects, having the lease signed, paying rent on time, renewing the contract, having complaints filed and heard on time, all of these issues can arise between the two parties. What happens when a tenant abandons the property without notice? What happens to the abandoned property? It is important for landlords to know what to do in these situations.

Abandoned property:

There are instances were the landlord is surprised to see that the tenant has simply left the premise without giving notice. In the state of New York, the personal belongings that were left in the apartment by the tenant still belongs to the tenant and the landlord cannot sell it, take possession of it or discard it. In addition, sometimes the landlord has to deal with cleaning up the abandoned space or even repairing damages made by the tenant.

Remedy:

Unfortunately, the state of New York has no law that regulated forgotten or abandoned property in an apartment. Therefore, the landlord has no right to dispose of the property in any way. However, one of the remedies that are encouraged are for the landlords to update leases and include a clause that mentions abandoned property. Landlords should include what exactly will happen to the property that was left behind by the tenants. One of the most common things used by landlords is that they will sell the abandoned property.

It is also encouraged for landlords to look up common practices in New York and how others have dealt with similar situations of abandoned property.