Legal Question in Landlord & Tenant Law in New York

At eviction hearing, agreement was reached between tenants and landlord, that tenants must remove personal property from portions of the premises that were not part of the rental apartment, not common area, but part of the building that was under control of the landlord and never intended for tenant's use or possession. Judge ordered that tenants must have 7 days to remove possessions. On the evening of the 8th day landlord secured said portion of property, which was agreed to in court, effectively barring access by tenants. Tenants had not removed all of their possessions by the deadline. Is this property now considered abandoned and may landlord dispose of such property,is there any peril in doing so? Eviction was granted with Petition to Recover, Notice of Eviction was served by Sheriff's Dept.,now awaiting execution of Eviction


Asked on 10/30/09, 9:52 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Based on the facts in your question I would say yes. However, I would give notice once more to the tenants, telling them to gather possessions within a certain period of time otherwise their items would be deemed abandoned.

Mike.

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Answered on 11/05/09, 7:33 am


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