Legal Question in Landlord & Tenant Law in New York

rights of possession of property after eviction

I recently evicted a tenant on november 7th,2003. There was only a sofa, loveseat and a heater in side the basement apartment in which I and Marshalls witness. the loveseat and sofa were already mine but I threw away the heater along with garbage that was on the floor, the heater was already damaged. On december 7th, the tenant returned to try to enter the apartment. I did not let him in and I told him that there was nothing for him in the apartment. the next day i was called into court for a hearing for a Lockout proceeding. I expalined to the judge what was in there. the tenant told the judge that he had a bed, clothing and other items. the judge advised him to seek suit on me and the city marhshall. Am I or marshall liable for his items? how long does the landlord hold a tenant items after an eviction? can the tenant sue me for damages?


Asked on 12/20/03, 11:16 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: rights of possession of property after eviction

plesase don't concern yourself or waste any anxiety on this matter.

The tenant was evicted and his/her property was legally abandoned. You may put it on the sidewalk and if the tenant picks it up, ok. If the garbage collector picks it up, that too is ok. You have no responsibility to store his property.

What about the unpaid rent? there is ALWAYS unpaid rent. If the tenant has a job, I can help you with that. If not, then he is unlikely to seek satisfaction in civil court anyway.

If the tenant does sek assistance in civil court, then he still must show the property was there. The judge may 'take his word for it' or not take his word. in addition, even if the judge takes his word, 30 days after the eviction (Nov 7 - Dec 7)is too long to wait to pick up the property. he will lose on that point alone.

This is not a case to concern yourself about. The tenant has limited legal arguments and limited resources. Besides, you have the Marshall as your witness.

In addition, the Marshall is insured for this very problem.

This is just not a problem for you. The worst could be a one day attendance in small claims court.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 12/20/03, 11:51 am


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