Legal Question in Landlord & Tenant Law in New York

My house is in Queens, New York. Our tenant left the country and has not been back for 6 months and had not pay rent since. I try my best to contact her but there were no response. There is no one living in the apartment. I been to court to evict twice but the judge dismiss the case both time. Could I just move her personal properties to the garage and issue an notice of abandoned property?

Asked on 2/14/13, 5:56 pm

2 Answers from Attorneys

Thomas Sirianni The Law Office of Thomas A. Sirianni

no you cannot just remove their possessions. You need to basically he, as funny as it sounds, evict their possessions through the court system give me a call if you'd like 516 3141343

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Answered on 2/14/13, 6:39 pm


Mr. Sirianni is correct except you would be evicting the tenant and then after 30 days can remove the property. You must start with a proper evictyion notice or rent demand and they must be properly served according to NYS law. As you have seen, As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. As you have experienced, a small mistake can set you back months in the process. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.


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Answered on 2/15/13, 11:26 am

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