ShouldI declare property abandoned or take the time to evict?

My boyfriend’s ex-girlfriend moved out over 90 days ago but she left her stuff is still in the house. She says that she’s going to pick it up but doesn’t give us an exact date or even a rough estimate. Should we try to evict her legally or should we try to declare her stuff abandoned?

Asked on September 20, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the former girlfriend has not returned to the place that you have written about for more than ninety (90) days and has not paid any rent for this time period, it appears that she has terminated her rental.

As to the left behind items, you need to send her certified mail, return receipt requested notice that she needs to pick up her property by a certain date and a set location or the items will be considered abandoned.

If she does not pick up these items by the set date, you can discard of the property any way you want if you believe they are worth less than three-hundred dollars ($300.00). If worth more than this amount, take the items to a public storage facility and place them in the former girlfriend's name with her last known address. If she fails to pay the rent, the public storage facility will auction the property off to pay overdue rent.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.