Legal Question in Landlord & Tenant Law in New York

abandoned property

My parents rented space in their barn to a man for him to store car parts. For several years he sent a check every month but the checks just stopped one day. We have tried several times to reach him but have been unsuccessful. It has been over five years that he has not paid or have heard from him. How long before we can consider it abandoned property and either try to sell it or junk the stuff? Thank you.


Asked on 9/15/08, 7:37 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: abandoned property

Technically, although rent has not been paid in 5 years, there is still a landlord - tenant relationship. You should give the required 30 day notice and commence a summary proceeding for the eviction (Judgment of Possession and Warrant of Eviction).

Upon receiving a Judgment of Possession and Warrent of Eviction, and upon additional notice to the tenants, the property located in the barn may be deemed abandoned. In Elias v. Ferri, 46 A.D.3d 743, 848 N.Y.S.2d 687 N.Y.A.D. 2 Dept.,2007, the Court held that when tenants were in default in rent payments, when they were dispossessed of the premises, and they failed to remove the property at issue prior to the default or prior to the issuance of the final order or execution of the warrant of eviction, they were deemed to have abandoned the property.

Mike.

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Answered on 9/16/08, 8:16 am


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