 eviction (by carmen [NY]) Aug 31, 2013 4:12 AM
 eviction (by S i d [MO]) Aug 31, 2013 4:44 AM
eviction (by Ken [NY]) Aug 31, 2013 5:37 AM
eviction (by V [OH]) Aug 31, 2013 7:07 AM
eviction (by Nicole [PA]) Aug 31, 2013 7:15 PM
eviction (by frank [NY]) Aug 31, 2013 7:48 PM
eviction (by carmen [NY]) Posted on: Aug 31, 2013 4:12 AM
Message:
State Specific Question About: NEW YORK (NY)
my tenant is scheduled to be evicted in 5 days(we have a date from the marshall)
i noticed that the lights are out and the curtains are down
i then texted the tenant if she had already moved .. i get areply stating that she gave her friend the keys and that she is mailing it to me (i would not have known this from this moron if i didnt ask)
since she put in the text that she moved out and he keys are being sent to me by mail can i enter premisis and have legal possession??
by the way her roomate (who left 1 month earlier and is on the lease) wants to make arrangements for key drop off
do i now have legal possession?
i believe i can
help?
queens new york
--98.113.xxx.xxx |
eviction (by S i d [MO]) Posted on: Aug 31, 2013 4:44 AM
Message:
DISCLAIMER: I DO NOT KNOW NEW YORK LAW...and apparently neither do you...so keeping that in mind here's what I'd do if I were in your shoes.
Call my attorney and ask for a "quick 2 minute conference." Repeat your question to him. Listen to and follow his advice.
If you don't want to do that, do all of the following.
1) Get former tenant/roommate who moved out a month ago to give you keys. Have her sign a piece of paper that they have moved out and she is returning the keys.
2) Take pictures of the vacant interior.
3) Print out a copy of the text from the evictee.
4) Get in there and get it done.
5) Cross your fingers. Steps 1-4 might not be legal and you could get in trouble. But 95% chance you're good to go and nothing will happen.
If it were me, I'd probably run steps 1-4 by my attorney and ask his advice. I basically did this with an eviction once, might attorney gave the green light, and I followed thru. Zero problems. --108.250.xxx.xxx |
eviction (by Ken [NY]) Posted on: Aug 31, 2013 5:37 AM
Message:
I am in upstate but NY city is so different I can't help you any more than someone out of state but I get a feeling you might be getting set up.I would wait till the hearing --24.92.xx.xxx |
eviction (by V [OH]) Posted on: Aug 31, 2013 7:07 AM
Message:
Landlord 101 - once you hire the court to get your unit back let them do the right thing, this is why you hired them - no more contact with tenant or anyone attempting to represent the tenant as it will only add more layers of drama to your case, some judges may dismiss handling your case as you have tryed to make a shortcut to the legal process, they will ask you to start over costing you another 6 weeks or more plus the further decay or your property.
If you are trying to wipe off lottery winnings this could make a tax deduction, otherwise do not interfere with court operations. --75.94.xxx.xxx |
eviction (by Nicole [PA]) Posted on: Aug 31, 2013 7:15 PM
Message:
not NY state advice because I don't know it. when I must evict someone and they leave without the "assistance" of the constable, I meet with them, get them to give me the keys and write a note that says they're moved, returned possession of the property to me and have taken anything they want... anything left on the property is abandoned. I then cancel the constable and get a refund. If you don't know how it works in your area, I'd wait ... 5 days isn't that big of a deal. --72.95.xx.xxx |
eviction (by frank [NY]) Posted on: Aug 31, 2013 7:48 PM
Message:
I would just wait for the marshal.
She will tell you to open the unit, take inventory, post the eviction order on the door, suggest to you to change the lock now and clean up in 31 days. You are require to hold their stuff for a month for redemption.
Besides giving you the apartment and the obligation of holding the apartment for another 31 days, it gives you a judgement to go to collections with.
you are in queens, you already waited 6 months, 36 days more is not much. You could collect all their stuff and put in one room and repair the others. Or put in storage. Need to make sure the items that she inventoried are stored or you gonna have a problem. If the place is empty, good to go, paint, screen and re-rent.
--71.190.xxx.xxx |
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