Holdover with belongings (by Dave [NY]) Aug 2, 2010 7:45 AM
Holdover with belongings (by Virden [OH]) Aug 2, 2010 9:19 AM
Holdover with belongings (by Noel [PA]) Aug 2, 2010 10:38 AM
Holdover with belongings (by allin [VA]) Aug 2, 2010 10:59 AM
Holdover with belongings (by Dave [NY]) Aug 2, 2010 11:17 AM
Holdover with belongings (by Virden [OH]) Aug 2, 2010 3:09 PM
Holdover with belongings (by John [OR]) Aug 2, 2010 5:48 PM
Holdover with belongings (by BRAD 20,000 [IN]) Aug 2, 2010 7:07 PM
Holdover with belongings (by billy [MA]) Aug 3, 2010 6:34 AM
Holdover with belongings (by Dave [NY]) Aug 3, 2010 10:27 AM
Holdover with belongings (by Dave [NY]) Posted on: Aug 2, 2010 7:45 AM Message:
State Specific Question About: NEW YORK (NY)
Have a tenant that is a PITA, going for Holdover, lease is over and non-renewing, I sent them a 60 day non renewal letter they sent me a letter back acknowledging they can not be out (lazy) anyway, my question is they called me told me they are out of town and won't be back until the 13th. (nice sense of urgency...) Hoping the judge approves to get them out this week, but I am wondering what do you normally do with their stuff after I gain possession of apartment and their belongings are still in the apartment?
Also a side note I have damages to apt over the security deposit, busted back door window, carpet that has an iron mark that they will need to be replaced not to mention attorney fees i'll have to go after them in small claims if they still reside in NY but want to know what others would do in this situation? --66.251.xx.xxx |
Holdover with belongings (by Virden [OH]) Posted on: Aug 2, 2010 9:19 AM Message:
What stuff? tree-bay as much as possible once you get the writ switch the locks - no tenant goes on vacation - they move out. --76.241.xxx.xxx |
Holdover with belongings (by Noel [PA]) Posted on: Aug 2, 2010 10:38 AM Message:
I would be tempted to rent a POD pack it for them and let it sit on the curb...(if possible in your area) Re-do the locks and re-rent....BUT absolutely FOR SURE go for an eviction, I agree with Virden....no one goes on vacation,,on my time. --12.54.xxx.x |
Holdover with belongings (by allin [VA]) Posted on: Aug 2, 2010 10:59 AM Message:
You do not get to just decide what to do with their stuff. Follow your eviction procedure and get the sheriff to the door. In VA the judge gives you possession then you file separately with the sheriff to carry out the possession order. Then the stuff will be dealt with in accordance with your state law. In VA when the sheriff shows up I can change the locks. The sheriff watches while the tenant stuff is moved to the road or he can order a 24 hour lock out. For the lock out the tenant has 24 hours to get their stuff after that the tenant gives up rights to their possessions. It is only at that point I am able to sell their stuff. Mostly I just throw it out because it is usually junk. --146.165.xx.xx |
Holdover with belongings (by Dave [NY]) Posted on: Aug 2, 2010 11:17 AM Message:
My guess is that they will try to sue me after I gain possession, and they get a free 30 day storage. also ny laws here state that I can not put the stuff to the curb. I have to keep there stuff safe and can not throw it out. The law is vague in that normally 30 days if they don't contact me or the storage place i can tell them they are sol.
Funny they have a nice 60 inch flat screen tv and Dyson vac. I know they didn't move yet or their expesive items would be gone. --66.251.xx.xxx |
Holdover with belongings (by Virden [OH]) Posted on: Aug 2, 2010 3:09 PM Message:
When you switch the locks cover that stuff up as you repaint, here it all goes to the curb and the sheriff takes a couple pictures and then your friends all show up to sort it and haul the good stuff, and get it back in order before the tenant or refuse truck shows up. --76.241.xxx.xxx |
Holdover with belongings (by John [OR]) Posted on: Aug 2, 2010 5:48 PM Message:
Follow your state laws. You normally have to put stuff into storage for so many days. You also have to notify the tenant of how to get a hold of you to get the stuff- unless the stuff is worthless. Yes you can get sued- and they will claim the stuff is worth tens of thousands. Video tape and more video tape. Get witnesses. Changed the locks and follow the law. --75.44.xxx.xxx |
Holdover with belongings (by BRAD 20,000 [IN]) Posted on: Aug 2, 2010 7:07 PM Message:
Not sure what "going for holdover means".
Part of the story is missing - is their rent unpaid? Has the judge issued an eviction order?
I'm not in NY, but in most states, LL cannot touch personal belongings or change locks without a court order. Even if I've been to court and the eviction date has passed, I am still not allowed to touch their stuff.have to go back to court and get judge to tell them again.
If I touch stuff, change locks, shut off utils, etc, 'I' am the one going to jail.
Call them. Cell phones work on vacation. --69.243.xxx.xx |
Holdover with belongings (by billy [MA]) Posted on: Aug 3, 2010 6:34 AM Message:
ck state law.in mass we have to put things they leave into storage after we take back apt. --173.14.xxx.xxx |
Holdover with belongings (by Dave [NY]) Posted on: Aug 3, 2010 10:27 AM Message:
Brad, Hold over is a term used to evict someone who has stayed past his legal right to live in the apartment. Yes I am waiting for the court date for a warrent of eviction. I stopped by the apartment yesterday, someone is still in the apartment as the ac was on, car is parked in driveway, and noise comming from the TV. so I assume they or someone from their family is home.
I hope i don't have to put into storage, as I would just hate to have to put it into storage and then i'm left with the bill, i am assuming they are going to be jumping out of state though as i replayed the answering machine message he said on vacation to north carolina so i'm assuming they will be moving to that state, i'll have to take to small claims court, i'm assuming the worst case though... of course as a landlord you have to figure worst case.... --66.251.xx.xxx |
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