Legal Question in Landlord & Tenant Law in New York
Property left behind
I own and apartment for which my name appears on the lease. I had a roommate who vacated the premisses on the first of November. This person left without paying back utilities bills and he left items such as a television, vcr, dvd player etc. When I emailed him and ask him to come collect his items and pay me the money owed in cash, he responded with a written letter that he would be by to collect his items and sent me a check that did not cover the full amount of the bills. My question is, he has still not come to collect these items nor pay me the balance of what he owes me. Am I required to store them in my house for him or can I dispose of them? Please respond to my email.
2 Answers from Attorneys
Re: Property left behind
You have to give him a reasonable opportunity to collect his things but you can charge him reasonable rent for storage. Let him know you plan on doing so if he does not collect his things shortly.
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Re: Property left behind
This is always an unfortunate situation. You are fortunate that the money owed seems to be, by your question, not large.
You must give him 30 days to pick up his stuff. After communicating with him, then I would say that after a max (not a min) of 90 days the stuff is abandoned and you may do with the stuff as you please. Sell it to pay his debt, give it away, throw it out, or keep it. The choice is yours.
Good luck.
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