Legal Question in Real Estate Law in New York

eviction

what happens to property left in an apartment after eviction. Landlord have been on complete notice of tenants intentions but have made no attempts to communicate. requesting recommendations of action tenant should take to regain entry and/or property


Asked on 5/26/02, 9:01 pm

1 Answer from Attorneys

Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: eviction

The landlord cannot gain possession of personal property by eviction (some property can be levied on as part of a money judgment). The only sure method of disposal is to have alicensed mover/warehouse remove the property to storage (LL paying move-out and 1 month storage). A warehouse can auction goods for unpaid storage (approx. 3 months later). If the LL takes goods, he can be subject to triple the value in damages but any unpaid rents will likely be claimed to offset.

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Answered on 5/27/02, 8:43 pm


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