Property/items left behind

[Ricky Si]

Hi,

So, I bought a property at the auction. However, previous occupants left a lot of stuff behind. I managed to make a contact with them but they do not seem to be too worried. I found a mover, gave them a quote to move stuff out but they wanted to be present.

It’s been going on for 4 months now. I don’t feel right discarding their items. They abandoned the property six months ago. Not sure what should I do. I have to get the roof fix, it’s-leaking.... anyway.... any suggestions???

[Daniel A.]

Hello Ricky,

In regard to what is considered "abandoned property," you want to make sure you follow the law. So far as I understand, with New York, so long as you give the tenants reasonable notice and they have not come back for it, then you are free to dispose of it. "Reasonable notice" entails, usually, at least 30 days.

I applaud you for reaching out to them and giving them every chance to reclaim their property. At this point, you have offered them the option of having their stuff moved out, but it seems like they're in no hurry to "be present" for that process. What I would say your next step should be is you reaching out to them again and telling them that under the law you have given them adequate notice and that you now have the right to dispose of their property and that you will be doing so unless they come get the property. You own a rental unit, not a free storage unit.

Just make sure that you document all communications with the tenants. The courts will not take your side if you tell them that you talked to them on the phone. There is no proof. Send them written letters. Make copies of these letters. Make sure they are dated and that they are sent via certified mail. Remember, the court will consider the "reasonable notice" period starting from the first documented letter you send to them. They won't backdate anything based on your previous contact if it isn't written down.

Also remember that you are liable for their property while it's in your possession. If any of it gets damaged or destroyed because you try to discard it, then you can be held liable for gross negligence.

Keep in mind that I just did a quick Google search and that is what I found. I would recommend that you consult an attorney before you start disposing of their property.