Legal Question in Landlord & Tenant Law in New York

If the marshal executed the warrant and you have legal possession of the apartment, technically, you have legal possession of his items.

" I have been told that I should not allow the tenant back into the apartment."

Absolutely correct. Do not let the tenant back in the apartment, otherwise, you may have to re-start the process.

"Can I go back to court and ask that his belongings be removed?"

Landlord-tenant court has limited powers. It certainly does not have the power to order an individual to "clean" the apartment.

"Please let me know what my responsibility is in this matter and the procedure."

Send a certified letter to the tenant stating that his items shall be placed for garbage pick-up on a date certain. State in the letter that if he wants to retrieve his items, he must appear in front of the apartment on a date certain to claim his belongings.

Mike.

If you had the Marshall evict...you are responsible to store the tenant's belongings for 30 days from the day he was evicted. You are permitted to transport them to a storage place so that the place can be re-rented.