If someone has been residing with you for less than 30 days and has paid 1 rent through the end of the month, after that time,can you dispose of their belongings?

My friend moved into my apt and lived there less than 30 days; he needed to be forcibilly removed by the police. He has paid rent until the end of the month. After that, can I dispose of any belongings if he has not retrieved theem by then?

Asked on June 26, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your tenant has been removed from your rental and his belongings have been left behind, you need to give the person written notice to retrieve such within a reasonable amount of time such as 30 days from the letter's date.

If the items are not picked up after such a time period and they are worth less than $300 collectively, then you can dispose of them any way you desire. If worth more than $300, then you should take them to an off site storage facility, place the lease in the former renter's name and send him a copy of the lease stating where his items are now. If the rent is not paid, then the storage facility can auction the items off.


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