Legal Question in Landlord & Tenant Law in New York

Re: Items left behind

The obligations of a landlord in dealing with a former tenant's abandoned property is problematic under New York law.

If I were a landlord faced with this same situation, I would heed the guidance offered by the previously responding attorney, Mr. Loeb, in this instance.

However, in view of the lack of clarity in New York law, note that it is not uncommon for

New York landlords to provide in writing for the eventuality of abandoned proeprty in the lease or rental agreement.

It may be worth your to consider revising the lease you offer to future tenant(s) accordingly.

When the lease so provides, both tenant and landlord are on notice and contractually bound from the start as to how the landlord will deal with any abandoned property left over by the tenant when the tenant permanently vacates the residence.

The lease could include a clause requiring the tenant to remove all personal property in the event of expiration or termination of the lease, and further providing that the landlord has the discretion to select any of the options of either selling or otherwise disposing of any of the tenant's property left in the apartment after the tenant permanently vacates the premises, or of storing such property at the former tenant's expense.

Re: Items left behind

If you have a forwarding address, you need to give them notice, you need to hold onto it for a reasonable time and you can charge reasonable rent.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.